Can an option be signed electronically?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided the parties consent and the record is retained in reproducible form.

Is notarization required for validity in Florida?

Notarization is not universally required for an option’s validity, but Florida practice often notarizes and may require witness signatures for related conveyances; follow county and title company expectations.

What if the option fee is not paid?

Failure to deliver the stated consideration may render the option unenforceable; document payment clearly and hold funds in escrow if parties agree.

How does a buyer exercise the option?

Exercise must follow the written procedure in the form—deliver timely written notice by the specified method and to the specified addressee(s) before expiration.

Can an option be revoked after signing?

Generally no if consideration was paid and the seller granted a binding option; revocation attempts after acceptance may breach the agreement and expose the seller to remedies.

Should I record the option?

Recording the option is discretionary; many parties do not record options but record the deed at closing. Recording practices affect notice and priority—consult title counsel.

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Florida Option to Purchase Form

Florida Option to Purchase Form

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FLORIDA OPTION TO PURCHASE AGREEMENT

This Option to Purchase Agreement is entered into by and between the Lessor and the Lessee, granting the Lessee the exclusive right to purchase the property described herein under the terms and conditions set forth below.

I. PARTIES

Lessor:

Lessor's Address:

Lessee:

Lessee's Address:

II. PROPERTY DESCRIPTION

Property Address:

Legal Description:

III. OPTION TERMS

Option Money: $ (U.S. Dollars)

Option Period Start Date:

Option Period End Date:

Purchase Price: $ (U.S. Dollars)

IV. EXERCISE OF OPTION

The Lessee must provide written notice of intent to exercise this option to the Lessor at least days prior to the Option Period End Date.

V. SIGNATURES

Lessor Signature:

Printed Name:

Date:

Lessee Signature:

Printed Name:

Date:

Witnesses:

Witness 1 Signature:

Printed Name:

Witness 2 Signature:

Printed Name:

What the Florida Option to Purchase Form Is

The Florida Option to Purchase Form is a written option contract used in real estate that gives a prospective buyer the exclusive right, for a defined period, to purchase specified real property at agreed terms in exchange for an option fee. It sets the option term, exercise procedure, purchase price or pricing formula, and closing mechanics. While commonly used in residential and commercial transactions, its enforceability depends on clear offer and acceptance, correct party identification, and compliance with state real estate, notary, and recording practices.

Why a Clear Option Form Matters

A well‑drafted Florida Option to Purchase Form reduces ambiguity about deadlines, payment, and closing obligations, preserves option consideration, and helps avoid disputes over exercise and title. It protects both buyer and seller by recording essential terms and clarifying remedies if the option is not exercised or is improperly revoked.

Who Commonly Uses an Option to Purchase in Florida

Use the form when one party needs a time-limited right to purchase and both sides require clear, written terms.

Buyers seeking time to inspect, finance, or perform due diligence before committing to purchase the property.
Sellers wanting nonbinding cash consideration that secures a prospective buyer’s priority to buy.
Title companies and real estate attorneys who review, hold funds, and confirm recording instructions at closing.

Core Elements to Include in a Professional Option

A complete Florida Option to Purchase Form organizes parties, property, consideration, term, exercise mechanics, and closing procedures so the agreement is enforceable and ready for title review.

Parties

Identify buyer(s) and seller(s) using full legal names and entity types; include authorized signer titles for companies.

Property

Provide the full street address plus the legal description or parcel ID as shown on the county tax roll for unambiguous identification.

Option Consideration

State the exact dollar amount or credit applied to purchase price; specify payment method and whether it is refundable.

Option Term

Set precise start and expiration dates and times using MM/DD/YYYY and a time zone if relevant.

Exercise Procedure

Describe how the buyer must notify seller to exercise (written notice, delivery method, and required addressees).

Closing Terms

Include anticipated closing timeframe, title and survey requirements, prorations, and who pays recording or transfer fees.

Step-by-Step: How to Complete and Use the Option Form

Follow these steps in order to create, sign, and process a Florida Option to Purchase Form efficiently and reduce post-signing disputes.

01

Draft: Prepare form with full parties, legal description, and clear price.
02

Pay Option Fee: Collect and document payment method and escrow instructions.
03

Sign: All parties sign; notarize or witness if required by state practice.
04

Deliver: Provide executed copies to buyer, seller, and title company immediately.

Where to Send and File the Completed Form

Routing depends on transaction stage; make sure each recipient receives a signed copy and the title company has recording instructions for the eventual deed.

Seller: Keep original; provide executed copy to title company and buyer.
Buyer: Retain copy for exercise period and proof of consideration.
Title Company: Receive copy for escrow, title search, and closing coordination.
County Recorder: Only record deed at closing; option itself often remains unrecorded unless agreed.

Digital Signing and Technical Requirements

Ensure the chosen eSignature provider meets ESIGN/UETA standards and any industry-specific authentication or retention needs.

Document Formats: PDF or DOCX formats accepted by most title and escrow partners.
Authentication: Use email, SMS codes, or stronger KBA when identity proofing is required.
Integrations: Connect with title software or cloud storage for secure routing.

Typical Timelines and Deadlines to Track

Key dates are the effective date, option expiry, exercise deadline, scheduled closing, and any deadlines for deposits or contingencies.

Effective Date:

Date the option is signed and consideration paid.

Option Expiration:

Exact date/time after which exercise is no longer valid.

Exercise Deadline:

Buyer must deliver written notice before expiration.

Closing Window:

Typical 30–60 days after exercise unless otherwise stated.

Recording Timing:

Deed recorded at closing per county procedures.

Execution, Witnessing and Notarization Flow

Follow this sequence for valid execution where witnesses and notarization are required under Florida practice and local title standards.

01

Prepare Final Draft

Ensure all blanks are filled and exhibits attached before signing.

02

Arrange Witnesses

Secure two witnesses if required by state or title company.

03

Sign in Presence

Parties sign while witnesses and notary (if used) observe.

04

Notary Acknowledgement

Notary completes acknowledgment or jurat where necessitated.

05

Distribute Copies

Provide executed copies to buyer, seller, and title company.

06

Escrow Deposit

Place option fee with escrow agent if contract so directs.

07

Monitor Deadlines

Track exercise notice windows and closing obligations.

08

Record at Closing

Record deed and related instruments after closing only.

Required Data Elements to Include on the Form

Buyer Name: Full legal name as on ID

Seller Name: Full legal name or entity name

Property Address: Street address with ZIP

Legal Description: Lot, block, or parcel ID

Option Fee: Exact dollar amount and terms

Expiration Date: MM/DD/YYYY format

Consequences of Errors or Missing Information

Unenforceable Option: Ambiguous terms may render option void

Forfeited Consideration: Seller may keep option fee if conditions unmet

Title Issues: Incorrect legal description can delay closing

Missed Deadlines: Buyer loses right to exercise after expiry

Recording Problems: Recording at wrong time can cloud title

Authentication Failure: Improper signatures may be rejected by title

Common Pitfalls to Avoid When Preparing the Form

Leaving blank fields or ambiguous pricing terms that invite later dispute over what was agreed.
Using nicknames, initials, or incomplete legal names that do not match title or lender documents.
Failing to document payment of the option fee or proof of delivery for exercise notices.
Assuming an option is recorded; many title companies expect the deed, not the option, to be recorded at closing.

Real-World Use Cases and Outcomes

These examples illustrate how parties use option forms to secure purchase rights and coordinate closing logistics without transferring title immediately.

Optica Ventures — Predevelopment Option

Optica acquired exclusive purchase rights to a development parcel to secure financing while conducting due diligence.

Option fee held in escrow to preserve priority.
At exercise the option fee applied to purchase price and title company coordinated closing within 45 days, avoiding competing offers.

Martin Properties — Residential Deal

Martin Properties used an option to hold property off market while securing tenant financing for a flip.

Buyer delivered written exercise before expiry.
The option fee was credited at closing and the streamlined signed documents reduced closing timeline and administrative overhead.

Practical Tips for Accurate and Efficient Completion

Adopt consistent templates, clear naming, and standardized sign-and-delivery steps to reduce friction and title defects.

Use Full Legal Names

Match names exactly to government ID and title records; include trust or entity details to avoid later reformation.

Record Key Dates Precisely

Write expiration times and timezone, and confirm business days vs calendar days for exercise periods.

Document Option Fee

Record payment method and escrow instructions and provide receipts to all parties for audit trail purposes.

Coordinate with Title

Share the option with the title company early so they can prepare for survey, exceptions, and closing logistics.

eSignature Vendor Comparison for Executing Option Forms

Common eSignature vendors vary by price, bulk capabilities, and compliance features; signNow is listed first per platform comparison conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About Florida Option to Purchase Forms

Answers to common legal and practical questions when preparing, signing, and acting on an option to purchase in Florida.

Need help? Contact support

Can an option be signed electronically?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided the parties consent and the record is retained in reproducible form.
Is notarization required for validity in Florida?
Notarization is not universally required for an option’s validity, but Florida practice often notarizes and may require witness signatures for related conveyances; follow county and title company expectations.
What if the option fee is not paid?
Failure to deliver the stated consideration may render the option unenforceable; document payment clearly and hold funds in escrow if parties agree.
How does a buyer exercise the option?
Exercise must follow the written procedure in the form—deliver timely written notice by the specified method and to the specified addressee(s) before expiration.
Can an option be revoked after signing?
Generally no if consideration was paid and the seller granted a binding option; revocation attempts after acceptance may breach the agreement and expose the seller to remedies.
Should I record the option?
Recording the option is discretionary; many parties do not record options but record the deed at closing. Recording practices affect notice and priority—consult title counsel.

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