The Option To Purchase Form is a crucial document in Canadian real estate transactions, used when a potential buyer wishes to secure the right to purchase a property without immediate commitment to the purchase. This document is particularly valuable in commercial real estate, development projects, or situations where buyers need time for due diligence, financing arrangements, or strategic planning. The form must comply with both federal and provincial legislation, including the relevant Provincial Real Estate Act and Land Titles Act. It typically includes detailed property descriptions, option terms, purchase price, exercise conditions, and various representations and warranties. The Option To Purchase Form serves as a risk management tool, allowing buyers to secure future purchase rights while protecting sellers through option fees and clear terms.
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1. Parties: Identifies and provides full legal names and addresses of the Option Grantor (property owner) and Option Holder
2. Background: Establishes the context of the agreement, including property ownership and parties' intention to enter into an option arrangement
3. Definitions: Defines key terms used throughout the agreement including Property, Option Period, Purchase Price, and Exercise Notice
4. Grant of Option: Explicitly states the grant of the option to purchase the property and any conditions attached to the grant
5. Option Period: Specifies the duration of the option, including start and end dates
6. Option Fee: States the amount of consideration paid for the option and whether it's applicable to the purchase price
7. Exercise of Option: Details the process and requirements for exercising the option, including notice requirements
8. Purchase Price: Clearly states the agreed purchase price for the property if the option is exercised
9. Property Description: Provides detailed legal description of the property subject to the option
10. Title Requirements: Specifies the quality of title to be conveyed upon exercise of the option
11. Representations and Warranties: States the promises and guarantees made by each party regarding the property and their authority
12. Default and Remedies: Outlines what constitutes default and the available remedies
13. Notices: Specifies how and where formal notices must be delivered
14. Governing Law: States that the agreement is governed by Canadian law and specifies the applicable province
15. Execution: Signature block with date and witness provisions
1. Deposit Terms: Used when a deposit is required upon exercise of the option, specifying amount and handling
2. Due Diligence Period: Include when the option holder requires time to investigate the property before exercise
3. Financing Conditions: Used when the option holder's ability to exercise is contingent on obtaining financing
4. Assignment Rights: Include when parties want to specifically address whether the option can be assigned to others
5. Environmental Conditions: Important for commercial properties or when environmental concerns exist
6. Tenant Rights: Include if the property is currently tenanted and addresses their rights
7. Property Maintenance: Used when specific requirements exist for maintaining the property during the option period
8. Right of First Refusal: Include when the option holder has additional rights if the owner receives other offers
9. Broker Provisions: Include when real estate brokers are involved in the transaction
1. Schedule A - Property Description: Detailed legal description of the property including lot numbers, boundaries, and registered plans
2. Schedule B - Option Exercise Form: Template form for properly exercising the option
3. Schedule C - Permitted Encumbrances: List of allowed encumbrances that will remain on title
4. Schedule D - Property Condition Report: Current condition of the property at time of option agreement
5. Schedule E - Purchase Price Calculation: If purchase price includes adjustments or formula-based calculations
6. Appendix 1 - Property Plans: Site plans, surveys, or architectural drawings if relevant
7. Appendix 2 - Environmental Reports: Any existing environmental assessments or reports
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