Establishing secure connection…Loading editor…Preparing document…

Option Contract Addendum

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

OPTION CONTRACT ADDENDUM

This Option Contract Addendum (the "Addendum") is made and entered into as of by and between Optionor: , a party organized as and Optionee: , a party organized as .

RECITALS

WHEREAS, the parties are parties to that certain Option Agreement dated (the "Original Option"), which grants Optionee the right to purchase or otherwise acquire certain property on the terms and conditions set forth therein;

WHEREAS, the parties desire to amend the Original Option as set forth herein to modify the expiration, exercise procedure, consideration and other terms in order to reflect their mutual agreement;

WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Original Option unless the context otherwise requires.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. AMENDMENT TO TERM

1.1 Extension. The Original Option is hereby amended by extending the expiration date to (the "Extended Expiration Date"). All references in the Original Option to the "Expiration Date" shall be deemed references to the Extended Expiration Date.

2. AMENDED EXERCISE TERMS

2.1 Exercise Price. The exercise price set forth in the Original Option is amended to be dollars, subject to pro rata adjustments consistent with the Original Option's adjustment provisions.

2.2 Exercise Notice. The procedure for exercise shall be as follows: Optionee must deliver to Optionor a written Exercise Notice specifying the number or portion of the Option being exercised and accompanied by the required consideration, delivered to the Notice Address specified below, such notice to be effective upon actual receipt by Optionor.

3. PROPERTY; CONSIDERATION

3.1 Property Description. The property subject to the Option (the "Property") is amended/confirmed as follows:

3.2 Additional Consideration. In consideration for the modifications set forth in this Addendum, Optionee shall pay to Optionor the sum of dollars upon execution of this Addendum, or as otherwise set forth below.

4. REPRESENTATIONS AND WARRANTIES

4.1 Optionor's Representations. Optionor represents and warrants that: (a) Optionor has full power and authority to enter into this Addendum and to perform its obligations hereunder; (b) the execution and delivery of this Addendum will not violate any material agreement to which Optionor is a party; and (c) the Property is free of any liens, encumbrances or third-party claims except as disclosed in writing to Optionee.

4.2 Optionee's Representations. Optionee represents and warrants that it has full power and authority to enter into this Addendum and that Optionee's performance will not violate any material agreement to which Optionee is a party.

5. DEFAULT; REMEDIES

5.1 Default. A party shall be in default under this Addendum if it materially breaches any representation, warranty or covenant contained herein and fails to cure such breach within thirty (30) days after receipt of written notice from the non-breaching party.

5.2 Remedies. Upon an uncured default, the non-breaching party shall be entitled to pursue all remedies available at law or in equity, including specific performance, injunctive relief, and recovery of damages and costs, including reasonable attorneys' fees incurred in enforcing this Addendum.

6. NOTICES

6.1 Notice Addresses. All notices, requests, demands and other communications hereunder shall be in writing and delivered to the parties at the following addresses (or at such other address as a party may designate by written notice):

6.2 Manner of Delivery. Notice shall be deemed given upon actual personal delivery, three (3) business days after deposit with a nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, first-class postage prepaid, certified or registered, return receipt requested.

7. AMENDMENT; WAIVER

7.1 Amendment. This Addendum may be amended only by a written instrument signed by both parties that expressly states that it amends this Addendum.

7.2 Waiver. No waiver of any provision of this Addendum shall be valid unless in writing and signed by the party granting the waiver. No waiver of any breach shall constitute a waiver of any subsequent breach.

8. COUNTERPARTS; EXECUTION

8.1 Counterparts. This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

9. MISCELLANEOUS

9.1 Successors and Assigns. This Addendum shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No assignment of this Addendum shall be valid without the prior written consent of the non-assigning party except as otherwise permitted under the Original Option.

9.2 Attorneys' Fees. In the event of any dispute arising out of this Addendum, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law. This Addendum shall be governed by and construed in accordance with the laws of the state selected by the parties: , without regard to its conflicts of law principles.

Entire Agreement. This Addendum, together with the Original Option (as modified hereby), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and negotiations, whether written or oral, relating thereto.

Severability. If any provision of this Addendum is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect and the parties shall negotiate in good faith a substitute valid provision that most closely effects the parties' original intent.

ADDITIONAL PROVISIONS

Optionor Printed Name:

By:

Date:

Optionee Printed Name:

By:

Date:

Enter text✕

What an Option Contract Addendum Is

An Option Contract Addendum is a written amendment to an existing purchase, lease, or option agreement that changes specific terms without replacing the base contract. Frequently used in U.S. real estate and commercial deals, it documents extensions of option periods, adjustments to option fees, revised exercise procedures, or clarified notice requirements. The addendum identifies the original agreement by date and parties, specifies amended clauses, and includes signature lines so the modification is enforceable while leaving unaffected provisions in place.

Why Use an Option Contract Addendum

An addendum preserves the original agreement while making narrow, recorded changes: it reduces ambiguity about exercise rights, secures payment and timing terms, and helps title/escrow process closings without renegotiating the entire contract.

Why Use an Option Contract Addendum

Who Typically Prepares and Signs One

Typical parties using an Option Contract Addendum include buyers, sellers, listing brokers, lenders, and attorneys who manage contractual modifications.

  • Buyers — to extend option periods, change exercise terms, or document fee credits without renegotiating the whole agreement.
  • Sellers — to accept revised timelines, codify payment changes, or clarify notice procedures while preserving original contract terms.
  • Real estate agents and attorneys — to draft precise language, confirm enforceability, and coordinate title and escrow actions.

Including all affected parties and their representatives helps ensure proper notice, lender awareness, and smooth title or escrow handling.

Core Elements to Include in a Professional Addendum

Compose the addendum so it clearly amends only the specified clauses and supplies exact dates, payment details, and notice rules to reduce dispute risk.

Option Period

Specify new start and end dates for the option term, note any suspension conditions, and set business-day or time-zone rules to avoid timing disputes.

Option Fee

State the precise dollar amount, payer, payment date, whether the fee is refundable or creditable, and reference attached proof of payment if applicable.

Exercise Method

Describe exactly how to exercise the option (written notice, certified mail, email with read receipt, or courier), what the notice must contain, and when it is effective.

Notice Instructions

List physical and electronic addresses, permitted delivery methods, required copies, and the moment of deemed delivery to reduce confusion about receipt.

Consideration

Confirm whether new consideration is exchanged for the amendment, how it is allocated, and whether it affects purchase price or tax treatment.

Integration Clause

State that the addendum amends but does not replace the original agreement except as expressly provided; reference the original agreement date and parties for clarity.

Required Information and Fields (At a Glance)

Parties: Full legal names and entity types.
Property: Legal description or street address.
Option Term: Start and expiration dates.
Option Fee: Amount, payment date, status.
Exercise Notice: Method, recipient, delivery address.
Signatures: Printed names, signatures, dates.

Step-by-Step Process to Prepare and Finalize

A simple sequential process helps ensure the addendum is accurate, approved, and recorded in the proper places when necessary.

  • 01
    Review Original: Compare addendum language to the original contract terms.
  • 02
    Draft Amendments: Clearly state which clauses are changed and any deleted provisions.
  • 03
    Obtain Approval: Secure written consent from all contracting parties and lenders if required.
  • 04
    Sign & Distribute: Execute, notarize if applicable, and circulate signed copies to stakeholders.

Configure an Online Signing Workflow

Set up a predictable e-sign workflow to collect signatures, authenticate signers, and store the executed addendum with an audit trail.

Field Configuration
File Type PDF, DOCX accepted
Signer Order Buyer then Seller by email
Authentication Email link or SMS code
Storage Secure cloud with audit trail

Where to Send the Executed Addendum

After execution, distribute copies to parties and service providers who handle closing, title, or loan servicing to prevent processing gaps.

  • Listing Broker: Receive executed copy and update MLS or listing records.
  • Title / Escrow: Provide to title company for closing, underwriting, and lien review.
  • Lender: Send to mortgagee if the amendment affects collateral or loan terms.
  • Attorneys: Retain for client files and for dispute prevention.

Digital Signing and eSubmission Considerations

Ensure your e-signature platform supports common file formats, reliable audit trails, and appropriate signer authentication before e-submission.

  • File Formats: PDF, DOCX, and fillable forms supported
  • Integrations: Integrates with title, CRM, and storage systems
  • Authentication: Email, SMS, KBA, or advanced methods

Key Dates and Deadlines to Track

Mark critical dates in a shared calendar and track delivery proofs to preserve rights and support closing timelines.

Effective Date of Addendum:

The date the amendment takes legal effect.

Option Exercise Deadline:

Final date to notify intent to buy under the option.

Closing or Escrow Deadline:

Date by which closing must occur after exercise.

Payment Due Date:

When additional fees or credits must be paid.

Recording Deadline (if any):

File with county recorder when amendment affects title.

Common Preparation Mistakes to Avoid

  • Failing to reference the original contract precisely can create uncertainty about which terms remain in force and complicate enforcement or title review.
  • Using vague language for dates or deadlines causes disputes over whether an exercise notice was timely or effective under the agreement.
  • Not obtaining signatures from all required parties, including entities with proper corporate authority, risks invalidating the amendment and delaying closing.
  • Neglecting to circulate executed copies to title, escrow, and lenders can delay closings and increase the chance of administrative errors.

Risks and Potential Consequences of Errors

Loss of Option: Option lapses if exercise missed.
Breach Damages: Money damages or specific performance.
Recording Problems: Unrecorded changes may not affect third parties.
Tax Consequences: Reallocation may change taxable events.
Fee Forfeiture: Nonrefundable option fees may be kept.
Contract Uncertainty: Ambiguity leading to litigation.

eSignature Pricing and Feature Comparison for Addendum Execution

Compare common pricing and feature points that affect how you prepare, sign, and distribute Option Contract Addenda with electronic tools.

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 plan Varies by plan Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Who Has Authority to Sign

Buyer

The buyer is usually the individual or entity holding the option right and must follow exercise procedures. Ensure the signer has authority to bind the buyer; if an entity signs, attach corporate resolution or signing authorization.

Seller

The seller or owner grants the option and must acknowledge any amended terms. The signer should be the record owner or a person with delegated authority, and entity capacity should be stated under the signature block.

How to Download, Save, and Attach Supporting Documents

Use standard formats and supporting attachments to ensure compatibility with title, escrow, and long-term archival systems.

Supported Formats

Export signed addenda as searchable PDF/A, DOCX copies, or flattened PDFs. PDF/A is recommended for archival to preserve signature metadata.

Proof of Payment

Attach receipts or escrow statements showing option fee payment; include transaction ID, payer name, and payment date to reduce disputes.

Title Report

Provide current title or preliminary report when the amendment affects vesting, exceptions, or encumbrances so underwriters can process quickly.

Identification

Include government-issued ID copies or corporate documents that confirm signing authority when entities are parties to validate execution.

Practical Examples of Common Addendum Uses

Two concise examples show how addenda resolve timing and payment concerns without replacing the underlying agreement.

Residential Option Extension

A buyer requested a 30-day extension to the option period while securing financing; the loan approval timeline risked the deadline.

  • Extension agreed for an additional 30 days.
  • Parties executed an addendum documenting new dates, updated fee terms, and delivered signed copies to title and escrow, allowing the buyer to exercise within the extended window.

Commercial Purchase Option

A developer negotiated an option contingent on zoning and permit milestones that could shift project timing.

  • Option expressly contingent on permit milestone completion.
  • The addendum tied vesting to specific permit dates, required written exercise notice, and obligated lender notification, avoiding later dispute over timing and preserving financing contingencies.

FAQs About the Option Contract Addendum

Answers to frequent questions about executing, validating, and managing Option Contract Addenda using electronic and traditional methods.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users