They are legally enforceable, although the laws governing their existence may vary from state to state or depending on the subject. However, as long as they contain the basic elements of a contract established by contract law, their validity will normally not be in doubt. The options are generally used for hedging purposes, but they can also be used for speculation. Options generally cost a fraction of what the underlying stock would cost.
The use of options is a form of leverage that allows the investor to place a bet on a stock without having to buy or sell the shares directly. In exchange for this privilege, the option buyer pays a premium to the party selling the option. As seen in the example with Larry and Jacky, the seller also cannot sell the property to anyone else as long as the option contract remains valid. The main rule of validity for an acceptance is that it must be a clear and direct statement that all the terms and responsibilities of the contract are accepted.
In the real estate market, option contracts are often used in situations where the buyer must purchase additional time to secure financing. Both parties must act, but if the actions are explicit and declarative, they will reach the level of acceptance for the purposes of the contract. These four elements (a written contract, the location of the property, a term and a final purchase price) are the key elements that make up an option in real estate. It is a general principle of contract law that the recipient of the offer cannot assign an offer to another party.
The only thing the buyer needs to remember is that regardless of whether they end up buying the property or not, the seller will keep the option fee paid to them when the contract was enacted. The contract must include the names of the parties involved, specify the address of the property being purchased, specify a date when the purchase must be made, and specify the final purchase price. The option agreement would give the buyer the right to purchase the property within that specified time frame and would give him the additional time he needs to find financing. This last observation can be explained by the idea of Hart and Moore (200) that an important role of contracts is to serve as points of reference.
Similarly, the seller of the option contract is obliged to sell (or buy) the asset if the buyer (or seller) exercises his option, regardless of the current market price. They cover everything from real estate to an agreement to enter into negotiations to renew the existing contract. During this period, the seller normally cannot revoke or withdraw the option contract without the consent of the prospective buyer. The dealer drafted an option agreement that allowed Manny a 72-hour period to obtain a loan for the remaining balance.
Below, we will provide you with a list of key terms so that you are clear about the words and phrases you may see when dealing with these types of contracts in the future. With classic unilateral contracts, a promisor can revoke his offer for the contract at any time before full performance of the promised one.
