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Option To Buy Contract
"I need an Option to Buy Contract for a commercial property in Kuala Lumpur, with a 6-month option period ending March 15, 2025, where my company is the potential buyer and the option fee is 2% of the total purchase price of RM 5 million."
1. Parties: Identification of the Option Grantor (seller) and Option Holder (potential buyer) with full legal names and addresses
2. Background: Context of the agreement, including brief property description and parties' intention to enter into an option arrangement
3. Definitions: Definitions of key terms used throughout the agreement including 'Option', 'Option Period', 'Purchase Price', 'Property', and 'Completion Date'
4. Grant of Option: Clear statement of the grant of option to purchase the property, including the option period duration
5. Option Fee: Details of the option fee amount, payment terms, and whether it's refundable or forms part of the purchase price
6. Exercise of Option: Procedure for exercising the option, including notice requirements and form of exercise notice
7. Purchase Price: Specified purchase price for the property and payment terms if option is exercised
8. Property Details: Comprehensive description of the property including title details, encumbrances, and current use
9. Completion: Terms and conditions for completion of the sale if option is exercised, including timing and procedures
10. Seller's Obligations: Obligations of the seller during the option period, including maintenance of property and restrictions on dealing
11. Termination: Circumstances under which the agreement can be terminated and consequences of termination
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
13. Notices: Process for giving notices under the agreement including addresses and acceptable methods
1. Due Diligence: Terms allowing the Option Holder to conduct property investigations - include when buyer requires inspection rights
2. Warranties: Seller's warranties about the property - include for higher value properties or where specific assurances are needed
3. Assignment: Rights to assign the option - include when the Option Holder may want to transfer rights
4. Property Management: Terms for property management during option period - include for tenanted properties or those requiring active management
5. Tax Provisions: Detailed tax arrangements - include for high-value transactions or complex tax situations
6. Broker/Agent Provisions: Terms relating to real estate agents - include when brokers are involved in the transaction
1. Property Description Schedule: Detailed legal description of the property including lot number, title details, and any easements or encumbrances
2. Option Exercise Notice: Pro-forma notice for exercising the option
3. Payment Schedule: Breakdown of payment terms including option fee, deposit, and balance payment details
4. Property Inventory: List of fixtures, fittings, and contents included in the sale
5. Existing Tenancies: Details of any existing tenancy agreements affecting the property
6. Title Documents: Copies of relevant title documents and searches
Authors
Real Estate
Property Development
Commercial Property
Residential Property
Retail
Industrial
Hospitality
Agriculture
Manufacturing
Banking and Finance
Legal Services
Legal
Real Estate
Property Management
Business Development
Investment
Finance
Commercial
Compliance
Risk Management
Operations
Real Estate Manager
Property Developer
Legal Counsel
Contract Manager
Property Manager
Business Development Manager
Investment Manager
Corporate Lawyer
Conveyancing Lawyer
Land Acquisition Manager
Real Estate Agent
Property Investment Advisor
Company Director
Chief Financial Officer
Commercial Director
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