Lease option to buy homes in orange county california26 comments
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An Option to purchase Real Estate is a contract between two parties giving the purchaser the exclusive right without the obligation to buy the property. During the term of the option no-one else can buy or sell the property including the owner.
For accepting this obligation the seller received and keeps an option fee whether the option is exercised or not.
The option holder buyer may then either exercise his or her right under the contract by completing the property purchase. Alternatively the option holder may sell their right the option to purchase the property to someone else. If the option holder exercises his or her right under the contract, the seller is obliged to complete the sale under the predetermined conditions.
An option represents an equitable interest in the property and is often used to gain control over a property without paying the full price. That being said, even with rising market values, the seller cannot ask for a higher price than what was previously agreed to as the exercise price. And more so, addressing that the Option to purchase is a true option and not a right of first refusal in the main agreement would help ensure that the seller cannot argue the contrary in that at the time of the negotiations he or she intended for the option to in-fact be a right of first refusal in the Agreement to Lease.
Every Option carries with it the right under law to be transferable just like every other security or financial instrument; so long if there is nothing to the effect that the said Option cannot be transferred in the Option agreement. Similar to purchasing shares in a housing cooperative or co-ownership housing complex, the owners are essentially purchasing securities i. Under law a housing cooperative is a legal entity—usually a corporation—that owns real estate, consisting of one or more residential buildings.
Each shareholder in the legal entity is granted the right to occupy one housing unit, sometimes subject to an occupancy agreement, which is similar to a lease.
A shareholder in a co-op does not own real estate, but a share of the legal entity that does own real estate. Each resident or resident household has membership in the co-operative association. Shareholders owning these financial instruments or securities in the legal entities known as housing cooperatives are listing their securities for sale on the MLS by way of their Real Estate Agents and Brokers, all in compliance with the said Rules.
An Option to purchase Real Estate is a contingent claim against the main security, in this case the right to own or obtain title to the actual Real Estate property. By legal definition, and without any further details or explicit terms to the contrary, anyone legally entitled has a right under law in one form or another, either recognized under statute substantial law , common law case law , or equity.
Hence, rights obtained by way of a contract would provide for legal entitlements; so long as the contract is enforceable and legal. And just like any Option, Share or other Asset, they are all considered a form of property under law. The above Rule does not illustrate, define or explicitly mention the form or types of property, nor does it disinclude financial instruments or securities such as Shares or Options.
Levy is an experienced Ontario-based lawyer practicing primarily in the areas of real estate, mortgages, corporate law, corporate finance, mergers and acquisitions, joint ventures, tax law, commercial finance and estate planning.
His primary role is serving as a trusted adviser to businesses of all sizes including corporations and family-owned or private businesses. Levy has represented companies doing business in many different areas including mortgage investment corporations MICs , mortgage funds, mortgage brokerages and administrators, professional corporation, land development, condominiums, software development, construction, intellectual property, trademarks, patents, retailing, distribution, manufacturing, banking, consulting and other professional service fields.
His experience and training in business law also provide him with the background to counsel his clients on private equity transactions, venture capital and financing issues; joint ventures and strategic business relationships; software development contracts, licensing agreements and other technology issues; sales and distribution matters; and employment issues and executive compensation arrangements.
He also provides advice on buying a business for those starting out or expanding their existing operations and counsels others on selling their business or exit strategies.
In addition to his regular corporate and business law experience, Jeff Levy also brings more than six years of experience to his real estate law practice. He has represented clients ranging from first time home buyers to condominium developers in the areas of residential and commercial closings, land development and assembly, condominium development, condo corporations and the condo act, Tarion Home Warranty claims, Title Insurance claims, and more. Jeff Levy greatly enjoys advising and counseling on mortgages and mortgage transactions.
Everything from setting up and ongoing compliance with Mortgage Investment Corporations MICs , mortgage brokerages, mortgage administrators, mortgage syndication, private mortgages and complex deal structuring.
Jeff Levy is extremely experienced in drafting complicated mortgage loan agreements and structuring multi-collateral, diverse payments and elaborate recovery provisions in every unique situation.
His long history of experience in mortgage enforcement, power of sale, and foreclosures, has given him the knowledge to foretell viable exit strategies at the loan origination stage of almost every single mortgage deal. Jeff Levy also has significant experience in protecting intellectual property rights, and has extensive knowledge of laws related to trademarks, copyrights, know-how and trade secrets, through combinations of registrations, contractual restrictions and licensing agreements..
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