Lease Option Agreement
Lease Option Agreement
This LEASE AGREEMENT WITH OPTION TO PURCHASE REAL ESTATE (hereinafter referred
to as the “Lease/Option”)
is made on this _________ day of ____________________________, 20_______,
by and between the following parties:
____________________________________________________________________________ and or
nominee.
Address: ________________________________________________________________________________
_____________________ Phone: _________________ Fax: _________________ Email:
_________________
(hereinafter
referred to as the “Tenant/Buyer”);
And
_________________________________________________________________________________________
Address: ________________________________________________________________________________
_____________________ Phone: _________________ Fax: _________________ Email:
_________________
(hereinafter referred to as the
“Landlord/Seller”).
In consideration of the mutual promises and covenants herein, the parties hereby agree
as follows:
(1) DESCRIPTION: The Landlord/Seller agrees to lease, and the Tenant/Buyer agrees to
rent the real Property and
improvements, located at:
__________________________________________________________________________________________
Legal Description
__________________________________________________________________________________________
__________________________________________________________________________________________
(hereinafter referred to as the
"Property".)
(2) TERM: The term of this Lease/Option shall be for a period of ___________ months commencing
on
_______________________, 20___, and ending on ______________________________, 20 ____.
The term will be automatically extended for __________________ periods of ______________
months, unless the Tenant/Buyer gives notice to the Landlord/Seller of its intent to
terminate this Lease/Option, by mailing a written notice to the last provided address of the
Landlord/Seller, or until such time as Tenant/Buyer exercises its option to purchase the
Property. Liability for payment will not extend beyond notice to terminate this
Lease/Option.
(3) ACCESS: The Tenant/Buyer will have access the Property on ________________ to put
signs, advertize, and show to other prospective Tenants/Buyers or Contractors. The
Landlord/Seller also hereby grants the Tenant/Buyer permission to apply for all permits,
zoning changes, grants, for the Property which the Tenant/Buyer deems necessary at the
total expense to the Tenant/Buyer.
(4) RENT: Tenant/Buyer agrees to pay the lender of Landlord/Seller’s current mortgage or
trust deed, the sum of $________________ per month, with the first payment beginning
_____________________, 20 ___ as rent for the Property, for the term of this Lease/Option,
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and during any extension thereof. All rental payments shall be due and payable in
advance of the 1st day of each and every month. An amount equal to $__________________
for each month in which rent was paid, shall be credited to the Tenant/Buyer and applied
to the purchase price of the Property in the event that the Tenant/Buyer exercises its
option hereunder.
(5) OPTION TO PURCHASE: The Tenant/Buyer, as part of the consideration herein, is hereby
granted by the Landlord/Seller the exclusive right, option, and privilege of purchasing the
Property at any time during the term of this Lease/Option or any extension thereof.
(A) That the Tenant/Buyer will pay all utility charges and bills, including, but not limited
to water, sewer, gas, oil, and electric, which may be assessed or charged against
the Property.
(B) That the Tenant/Buyer will not use the Property for any unlawful purpose and that
the Tenant/Buyer will conform to and obey all laws, ordinances, rules, regulations,
requirements and orders of all Federal, Provincial, and Local governmental
authorities, agencies, departments, bureaus, boards or officials, respecting the use
of the Property; and
(C) That the Tenant/Buyer will surrender and deliver up the Property, at the end of the
term or any extensions thereof, should the option herein not be exercised, in as
good order and condition as the same now exists, reasonable use and natural wear
and tear excepted.
(A) That the Landlord/Seller shall pay for and maintain fire and extended coverage
insurance on the Property in minimum amount of $__________________________. The
Tenant/Buyer shall be named as an additional insured or loss payee on the
insurance policy and copy of which shall be provided to Tenant/Buyer. The
Landlord/Seller will use this insurance to cover any items/repairs/damage/water
damage. In the event the Property becomes uninhabitable this term the
Tenant/Buyer will be released from all rent liabilities until the Property is habitable
and is re-let. The amount of time that the Property is uninhabitable will be the time
period that will be added to this Lease/Option.
(B) That the Tenant/Buyer is entitled to the quiet enjoyment of the Property without any
interference or interruption by Landlord/Seller or its representatives. The
Landlord/Seller or agents will enter the premises at reasonable times and upon
reasonable notice for the purpose of inspecting the premises. The Landlord/Seller
agrees not to call, stop by, or visit the Property without the Tenant/Buyer consent.
Consent cannot unreasonably be withheld.
(9) COSTS OF IMPROVEMENTS: In the event the Tenant/Buyer exercises the option to
purchase set forth in paragraph
4, above, and through no fault of the Tenant/Buyer, the Landlord/Seller fails to convey said
Property to Tenant/Buyer in accordance of the terms of this Lease/Option, the
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Tenant/Buyer, in addition to any other rights which Tenant/Buyer may have in law or
equity for the enforcement of Tenant/Buyer’s option to purchase, shall be entitled to
reimbursement for the cost of all repairs, maintenance, and improvements.
(10) FURTHER ENCUMBRANCES: The Landlord/Seller hereby warrants the total of the
leases, options, mortgages, liens, taxes, and any other encumbrances against the
Property, whether of public record or not, is as follows:
(A) A first mortgage in favor of___________________________________ in the approximate
amount of $____________________________________.
(B) Other liens (specify):
The Landlord/Seller shall not lease to any other third party, nor to assign, sell, option,
transfer, pledge, or otherwise to convey any or all rights or interests had by
Landlord/Seller in the Property or in this Lease/Option, nor to further encumber the
Property nor allow the same to occur. Violation of this paragraph shall be considered a
material breach of this Lease/Option. The Landlord/Seller further agrees to keep all
mortgages, liens, taxes, or other encumbrances on the Property, current and in good
standing, Tenant/Buyer shall have the right to make payment on same in the event that
Landlord/Seller becomes delinquent or otherwise defaults on such payments, and
Tenant/Buyer may at its option either reduce its monthly rent in the amount of the
payments, or subtract the amount of the payments plus fifty (50%) of these costs from the
balance due Landlord/Seller at closing of the sale of the Property.
(11) RIGHT OF ASSIGNMENT: The Tenant/Buyer may sublet the Property, and/or assign,
sell, transfer, pledge, or otherwise convey any or all rights or interest which the
Tenant/Buyer may have in the Property or in this Lease/Option. Any such assignments will
release original Tenant/Buyer from any and all liability and substitute assignee in his/her
or its place.
(12) MAINTENANCE AND REPAIRS: The Tenant/Buyer accepts the Property “as is” on the date
of execution of this
Lease/Option except for items listed in paragraph 14. As of the effective date, the
Tenant/Buyer shall be responsible for all maintenance and repair upon said Property, both
interior and exterior. The Tenant/Buyer shall have the right to make such repairs,
maintenance, and improvements as Tenant/Buyer shall deem necessary, proper or
desirable.
The Tenant/Buyer shall pay the costs of all such improvements, except that any roof,
electric, plumbing, heating or cooling system that is not in workable condition at the
inception of this Lease/Option will be repaired by the Landlord/Seller at its expense within
ninety (90) days notice from Tenant/Buyer. If the Landlord/Seller refuses to make such
repairs, Tenant/Buyer will have the option of either voiding this Lease/Option by written
notice to the Landlord/Seller or making such repairs and, (a) receiving a reimbursement
from the next monthly payment or payments due the Landlord/Seller or, (b) receiving a
credit against the purchase price plus interest at 15% per annum compounded annually
from date of Tenant/Buyer invoicing the Landlord/Seller.
(13) BINDING AGREEMENTS: The parties hereto agree that this Lease/Option comprises the
entire agreement of the
parties and supersedes all prior written or oral agreements, representations, warranties,
negotiations, or understandings. This Lease/Option may not be amended except in a
writing executed by all the parties hereto. The parties further represent and warrant that
they have not relied on any representations, warranties or statements as an inducement
to entering this Lease/Option other than what is expressly written herein. This
Lease/Option shall be binding upon the parties, their heirs, executors, administrators,
personal representatives, successors, or assigns.
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(14) SPECIAL PROVISIONS:
(B) A TITLE SEARCH will be ordered immediately by the Tenant/Buyer. This cost will
be borne by the Tenant/Buyer unless it is discovered that Landlord/Seller has
unmarketable title in which case the Landlord/Seller will reimburse Tenant/Buyer to cost of
the search. If the title is unmarketable the Tenant/Buyer will then have the option to void
this Lease/Option or proceed as agreed herewith.
(15) PRICE AND TERMS: The Tenant/Buyer agrees to pay for said Property the sum of $
___________________
_____________________________________________________ less any sums for which the
Tenant/Buyer is entitled to claim as reimbursement or offset in accordance with this
Lease/Option; the net sum to be paid in cash, certified check, mortgage, or cashier's check
at closing.
(16) INCLUDED IN THIS PURCHASE: The Property shall also include all land, together
with all improvements thereon, all appurtenant rights, privileges, easements, buildings,
fixtures, heating, electrical, plumbing, air conditioning fixtures and facilities, window
shades, venetian blinds awnings, curtain rods, screens, storm windows and doors, affixed
mirrors, wall-to-wall carpeting, stair carpeting, built-in kitchen appliances, bathroom
fixtures, radio and television aerials, landscaping and shrubbery, water softeners, garage
door openers and operating devices, and all utility or storage buildings or sheds, range
and refrigerator. The Property shall also include the following items:
________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
(17) TITLE: The Landlord/Seller shall convey marketable title to the Property with the above
described inclusions, by
General Warranty Deed free, clear, and unencumbered except existing mortgages,
restrictions, and easements of record shown in paragraph 10.
(18) CLOSING: If the Tenant/Buyer elects to purchase the Premises and Property, he shall
give written notice to the Landlord/Seller no less than 60 days prior to the expiration of the
Lease/Option term, or intended purchase date, whichever first occurs in time, signifying
his intentions. The deed shall be delivered and the purchase money, cash, check and or
mortgage shall be paid at a time and place of Tenant/Buyer's choice, no later than 60 days
after notification to the Landlord/Seller of the Tenant/Buyer’s exercise of the option.
(19) COSTS AND PRORATIONS: The following items shall be prorated the Landlord/Seller
and the Tenant/Buyer as of
date of closing:
(a) All real estate taxes and assessments;
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(b) Interest on encumbrances assumed or taken over by Tenant/Buyer with both parties
having responsibility for such items as follows:
Landlord/Seller will pay: Tenant/Buyer will pay:
_______________________________________ ___________________________________________
_______________________________________ ___________________________________________
_______________________________________ ___________________________________________
(20) INSURANCE: While this Lease/Option is in effect, the Landlord/Seller will name the
Tenant/Buyer as additional insured. During the term of this Lease/Option the
Landlord/Seller shall maintain fire and extended coverage upon the Property, and
immediately convert the owner occupied (if applicable) policy to a non-owner occupied
policy. In the event of the entire or partial loss, damage or destruction of the Property, the
Tenant/Buyer may at its option (a) proceed with the closing and accept the insurance
proceeds for said damage, or (b) declare this Lease/Option null and void, releasing both
parties from any obligations hereunder, except for the return of reimbursable expenses
previously paid by Tenant/Buyer which amounts shall become immediately due and
payable from the insurance proceeds. Tenant/Buyer shall be responsible for obtaining fire
and extended coverage insurance on the Property effective on the closing date.
IN WITNESS WHEREOF, the parties hereto, have set their hands to this Lease/Option on this
___________ day of _______________________________, 20___ .
WITNESS:
___________________________________________ ___________________________________________
Landlord/Seller witness Landlord/Seller
___________________________________________ ___________________________________________
Landlord/Seller (print name) Landlord/Seller (print name)
___________________________________________ ___________________________________________
Tenant/Buyer witness Tenant/Buyer and or nominee
___________________________________________ ___________________________________________
Tenant/Buyer (print name) Tenant/Buyer (print name)
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