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THIS IS NOT A CONTRACT TO BUY
LEASE OPTION AGREEMENT (OPTION TO PURCHASE)
T
his Lease Option Agreement (hereinafter Option Agreement”) is made this date, by and between ____________
___________________________________________________________________________________________,
hereinafter referred to as “Owner” and ____________________________________________________________,
hereinafter referred to as “Tenant.”
WHEREAS, t
he parties hereto are parties to a certain Lease Agreement (the “Lease”) dated ___________
________________ with respect to certain improved real property (hereinafter “Property”) known as
___________________________________________________________________________________________
located in ________________________________________City/County, Maryland, Zip Code ________________,
and
WHEREAS, Owner has agreed to grant to Tenant, upon the terms and conditions set forth herein, an
Option to Purchase (the “Option”) said Property.
N
OW, THEREFORE WITNESSETH that for and in consideration of the payments and promises contained
herein, and other good and valuable consideration, the receipt of which is acknowledged, the parties agree as
follows:
1. OWNER’S GRANT OF OPTION TO TENANT: Owner hereby grants to Tenant, for and during the term
of this Option, as set forth hereinafter, the right to purchase the Property upon the terms and conditions set forth
herein.
2. OPTION TIME FRAME: The term of this Option shall commence on____________________________
and shall continue unless sooner terminated pursuant to the terms hereof. The Option expires at 11:59 p.m. on
___________________________________________ (hereinafter “Option Time Frame”). If Tenant has not
exercised the Option as provided in Paragraph 4 of this Option Agreement, within the Option Time Frame, the
Option granted hereby shall be deemed expired, extinguished, released and of no further force and effect.
3. OPTION FEE: Upon execution of this Option Agreement, Tenant has paid to Owner a non-refundable
Option Fee (hereinafter “Option Fee”) in the amount of______________________________________ Dollars
($____________________________). It is understood and agreed that in the event Tenant exercises the Option
granted hereby, and completes settlement on acquisition of the Property as set forth herein, this Option Fee shall
be credited towards the purchase price for the Property. In the event, however, that Tenant fails to exercise the
Option granted hereby, or breaches or defaults on any term, provision or condition of the Lease or this Option
Agreement, or fails to complete settlement on acquisition of the Property after giving notice of intention to exercise
said Option, then and in that event, the Option Fee shall be retained by Owner, as fully earned in consideration for
the granting of the Option contained herein and Tenant shall have no claim or right whatsoever for refund of any
portion of said Option Fee. It is further understood and agreed that said Option Fee shall be deemed fully earned
and nonrefundable in the event Tenant fails to complete settlement due to the inability of Tenant to obtain financing
or for any other reason after giving notice of intent to exercise the Option, the Option Fee being non-contingent, in
any manner, upon the Tenant's ability to complete settlement pursuant to the Contract of Sale, as hereinafter set
forth.
4. EXERCISE OF OPTION: Tenant may exercise the Option as provided herein by providing written notice
to Owner of Tenant’s election to purchase the Property and by entering into a written Contract of Sale with Owner
within thirty (30) calendar days from the date of such written notice by Tenant to Owner upon terms and conditions
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as mutually agreed upon by and between Tenant and Owner. Tenant’s written notice to Owner to exercise the
Option as provided herein AND any Contract of Sale as executed by and between Tenant and Owner shall
provide that settlement shall occur on or before the expiration date of this Option as provided in Paragraph
2 of this Option Agreement. In the event the Date of Settlement as provided in the Contract of Sale shall be
a date occurring after the Option Time Frame as provided in Paragraph 2 of this Agreement, this
Agreement and the Option Time Frame shall be automatically extended to the Date of Settlement as
provided in the Contract of Sale. In the event Tenant shall (i) fail to provide written notice to Owner of Tenant’s
election to exercise the Option as provided herein; or (ii) shall fail to enter into a written Contract of Sale with
Owner within thirty (30) calendar days from the date of such written notice, or (iii) shall fail to settle on the sale and
purchase of the Property on or before the Date of Settlement, the Option as herein granted shall be deemed to be
terminated, null and void and of no further legal force and effect.
5. PURCHASE PRICE OF THE PROPERTY: The Purchase Price of the Property and all improvements is
_________________________________Dollars ($_____________________________) payable on the date of
settlement to Owner.
6. CREDIT TOWARDS PURCHASE PRICE FOR RENTS PAID: In the event Tenant exercises the Option
in accordance with Paragraph 4 and completes settlement on the Property in accordance with the Contract of Sale,
Owner shall credit towards the Purchase Price of the Property to Tenant an amount equal to
__________________________________ Dollars ($ _________________________) for each month of Tenant’s
rental installment paid by Tenant and received by Owner during the Option Time Frame. Such credit shall be made
by Owner to Tenant only in the event of the settlement of the Contract of Sale by Tenant and in no other event shall
such credit be payable by Owner to Tenant.
7. AVAILABILITY OF FINANCING: Tenant is solely responsible for obtaining financing in order to exercise
this Option. It is further understood that, notwithstanding any financing contingency contained in said Contract of
Sale, the failure of Tenant to obtain financing shall not entitle Tenant to a refund of any portion of the nonrefundable
Option Fee paid in accordance with the terms hereof.
8. TERMINATION OF OPTION/DEFAULT: The Option granted by Owner to Tenant pursuant to this Option
Agreement may be terminated by Owner:
a. U
pon the breach or default by Tenant of any term, provision or condition contained in the Leas
e
w
hich, in accordance with the terms of said Lease, authorizes a termination thereof by Owner;
b.
U
pon the breach or default by Tenant of any term, provision or condition contained in this Option
Agreement; and
c. Upon the failure of Tenant to complete settlement in accordance with the terms and provisions of
the Contract of Sale, as set forth in Paragraph Four hereof.
It is agreed that upon the occurrence of any one of the above stated events, in addition to any other
remedies available to Owner at law or in equity, Owner may, at Owner’s option, terminate this Option
Agreement and the Option granted hereby by providing written notice of same to Tenant in accordance
herewith. If Owner terminates the Option Agreement and/or the Lease, Tenant shall not be entitled to a
credit or refund of any rent or the Option Fee. For this Option Agreement to be enforceable and effective,
Tenant must comply with all terms and conditions of the Lease and this Option Agreement.
A waiver by Owner of any prior default or breach shall not act as a bar to Owner’s right to assert any claims
against Tenant or as a waiver by Owner to assert any claims against Tenant for any subsequent default or
breach by Tenant.
9. NOT A CONTRACT TO BUY: The parties understand and agree that THIS IS NOT A CONTRACT TO
BUY and that in order to effectuate a purchase pursuant hereto Tenant must exercise the Option granted in
accordance with the terms hereof.
10. OPTION NOT ASSIGNABLE: The Option granted hereby is not assignable or transferrable by Tenant
and is an exclusive, personal, contract right granted to Tenant only.
11. TIME IS OF THE ESSENCE: It is agreed that TIME IS OF THE ESSENCE with respect to the
performance of Tenant hereunder and the exercise of any of Tenant’s rights pursuant to this Option Agreement.
P
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Copyright 2023 Maryland REALTORS
®
. For use by REALTOR® members of Maryland REALTORS® only. Except as negotiated by the parties to the Contract, this form may
not be altered or modified in any form without the prior express written consent of Maryland REALTORS
®
.
12. PUBLIC RECORD OF AGREEMENT: Tenant shall not record this Option Agreement in the Public
Records of any public office without the express written consent of Owner.
13
. CONFLICT BETWEEN LEASE AND OPTION AGREE
MENT: In the event a conflict arises between
the terms and conditions of the Lease and the Option Agreement, the Option Agreement shall control.
14
. NOTICES: A
ny notices required or desired to be sent hereunder shall be deemed effective when
mailed, postage prepaid, return receipt requested, as follows:
I
f to Tenant: ___________________________________________________________________________
_____________________________________________________________________________________
I
f to Owner: ___________________________________________________________________________
_____________________________________________________________________________________
15. BROKER’S FEE: Owner and Tenant acknowledge, in the event the Tenant exercises Tenant’s Option
as herein provided and settlement occurs on or before the expiration date of this Option as provided in Paragraph 2
of this Option Agreement that 1) Owner may owe a real estate brokerage fee to the broker who represented Owner
in procuring the Tenant under the Lease in accordance with the terms and conditions of the written brokerage
agreement between Owner and the broker and 2) that Tenant may owe a real estate brokerage fee to the broker
who represented Tenant in the lease of the Property in accordance with the terms and conditions of the written
brokerage agreement between Tenant and the broker.
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. ENTIRE AGREEMENT/
LEGALLY BINDING: This Option Agreement sets forth the final and entire
agreement between the parties, and they shall not be bound by any terms, conditions, statements, warranties or
representations, oral or written, not herein contained. The parties to this Option Agreement mutually agree that it is
binding upon them. Once signed, the terms of this Option Agreement can only be changed by a document
executed by all parties. This Option Agreement shall be interpreted and construed in accordance with the laws of
the State of Maryland. The parties further agree that the venue for any and all disputes related to this Option
Agreement shall be ____________________________________________________City/County, Maryland. The
parties understand and acknowledge that this is a LEGALLY BINDING AGREEMENT. IF NOT UNDERSTOOD,
SEEK COMPETENT LEGAL ADVICE BEFORE SIGNING.
17. OPTION AGREEMENT IS INTEGRAL PART OF LEASE: T
HIS AGREEMENT IS AN INTEGRAL
PART OF YOUR LEASE AND IS GOVERNED BY TITLE 8 OF THE REAL PROPERTY ARTICLE OF THE
ANNOTATED CODE OF MARYLAND AND A TENANT OR PROSPECTIVE TENANT SHALL HAVE ALL
APPLICABLE RIGHTS AND REMEDIES PROVIDED UNDER THAT TITLE.
____________________________________________ ____________________________________________
Tenant Signature Date Owner Signature Date
____________________________________
____ ________________________________________
Tenant Signature Date Owner Signature Date