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Option Contract

An option contract is a promise to keep an offer open for acceptance by the other party for a specified period; during that period the offeror cannot revoke the offer. In real estate development, option structures are frequently used to control a site while the developer evaluates feasibility and pursues approvals, without obligating the optionee to purchase unless the option is exercised.

Where it applies
Generally, not specific to New York
When it comes up
Site acquisition; diligence; entitlements
Property types
All; especially land and redevelopment sites with entitlement uncertainty

In practice

Option pricing often embeds entitlement risk: longer option periods and more seller "tie-up" tend to shift value from the buyer to the seller via option consideration and extension payments.

Related terms

OptionSite ControlDue DiligenceEntitlementOutside Date
Land and Site Acquisition

General information, not legal, tax or financial advice.