A developer may agree the purchase price with the landowner at the beginning of the option contract. This means that it is the security of upfront costs and developers may end up paying less than the market value. However, each price is often subject to the deduction of unforeseen costs. For the developer – Securing an option agreement minimizes your risk. If the issuance of the building permit takes longer than expected, you can be sure to have a legally binding agreement that prevents the seller from being frustrated and selling the land to another buyer (see here) in reference to an article that describes all the planning conditions that a member of the planning committee must take into account. , it can elicit a little sympathy depending on the type of day you had). You can save the final purchase price of the property in the option contract. This can be a great advantage for agreements that take years and not months, because if the value of the land increases, you will only have to pay the contract price. An option can be registered to secure your potential investment.
Option agreements have been used successfully by many farmers and landowners when working with developers who have applied for building permits for housing or renewable energy projects. When a developer wishes to acquire land next to its existing development site in the future to expand its project. If the land to be developed is divided between the owners, a buyer can buy back the entire land piece by piece by obtaining option contracts from each owner. In accordance with the most recent legislative amendments (i.e.dem Perpetuities and Accumulations Act 2009), option agreements that came into effect after April 6, 2010 may apply for any length of time and the duration should be negotiated between the buyer and the seller. Make sure you negotiate this point, otherwise the campaign option will be considered indeterminate…. not ideal from a seller`s point of view. All agreements signed before April 6, 2010 must be exercised within 21 years of the option being granted. As you know, complex and aging agreements require expert work to ensure that there are no nasty surprises along the way. And surprises can indeed be extremely nasty.
For example, in the Ministry of Defence v County and Metropolitan Homes (Rissington) Ltd. the parties did not consider the possibility that the developer would not demolish the 37 houses on the property concerned. Since they destroyed only 35 and turned two properties into a single company, the developer had to pay a total of almost a million pounds in excess. The expert should then determine the purchase price, with the option holder then deciding whether or not to purchase the land at the fixed price. With respect to financial derivatives, the option agreement is a two-party contract that gives one party the right, but not the obligation, to acquire or sell an asset to the other party. It describes the agreed price and a future date for the transaction. The premium is sales tax and is charged by the author of the contract. This type of option agreement is most common in commodity markets.
Normally, written statements are provided to the expert, which present market-based evidence and valuation in support of the market value and purchase price assessment. It is then generally possible to give the expert cross-representations on the basis of what the other party has presented in its written submissions.