Can this notice be signed electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and reliable record retention are present.

Is notarization required?

Notarization depends on state and the underlying contract; many states require a notary for deeds or recorded instruments. Check local recording rules before relying on an unnotarized notice.

What if I miss the exercise deadline?

Missing the contractual exercise window usually forfeits option rights. Review the option agreement immediately and consult counsel about any grace periods or cure provisions.

How should I prove delivery?

Use contract-approved methods and preserve evidence: certified mail receipts, courier tracking, or an electronic platform audit trail that records timestamps and IP addresses.

Who must sign the notice?

An authorized representative of the option holder must sign. If an entity signs, include printed name, title, and evidence of signing authority to avoid acceptance challenges.

How long should records be kept?

Retain the notice through closing and for several years after; follow IRS, state, and industry retention rules (e.g., IRS minimum 3 years; see retention timeline section).

Electronic Signature
Templates
Miscellaneous
Real Estate Intent to Exercise Option

Real Estate Intent to Exercise Option

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

REAL ESTATE INTENT TO EXERCISE OPTION

This Intent to Exercise Option (the "Intent") is made by and between the parties set forth below and is intended to document the exercise of an option to purchase certain real property pursuant to the terms and conditions of the underlying Option Agreement referenced herein.

WHEREAS

WHEREAS, Optionor: is the holder of record title or has authority to convey the real property described below and previously granted an option to purchase under an Option Agreement dated .

WHEREAS, Optionee: elects to exercise the option to purchase the real property commonly described as: (the "Property").

WHEREAS, the parties desire to set forth the intent, essential terms, and conditions under which the Optionee will proceed to close in accordance with the Option Agreement and applicable law.

DECLARATION OF EXERCISE

Optionee hereby manifests its intent to exercise the option to purchase the Property governed by the Option Agreement. Optionee acknowledges that this Intent is submitted pursuant to the exercise provisions of the Option Agreement and that, upon acceptance by Optionor if required by the Option Agreement, Optionee will be obligated to proceed to closing in accordance with the terms set forth below.

SCOPE OF EXERCISE

Scope and Obligations

PAYMENT TERMS

Exercise Price Deposit (if any) Payment Schedule / Closing Funds Late Payment Fee

TERM AND TERMINATION

This Intent becomes effective as of Start Date: and, unless earlier terminated in accordance with the Option Agreement or this Intent, shall be effective through End Date: .

Notice of Termination (required notice period)

Termination of the Option Agreement or this Intent shall be governed by the termination provisions set forth in the Option Agreement and applicable law. Termination prior to closing shall relieve the parties of further obligations hereunder except for such provisions that by their terms survive termination.

CONFIDENTIALITY

The parties agree that all nonpublic financial, business and technical information, including but not limited to confidential terms and negotiations concerning the exercise, shall be kept confidential and used solely for purposes of effectuating the transaction contemplated by this Intent. Each party shall take reasonable measures to prevent disclosure to third parties and shall be liable for unauthorized disclosure by its agents, employees, or representatives.

Confidentiality Acknowledgement

By checking this box, the signing party acknowledges and agrees to the confidentiality obligations set forth above.

GOVERNING LAW

This Intent and any dispute arising out of or related to it shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

ENTIRE AGREEMENT

This Intent, together with the Option Agreement referenced herein and any documents executed in connection herewith, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written statements, negotiations, and understandings. No amendment to this Intent shall be effective unless in writing and signed by both parties.

NOTICES

Notice to Optionor - Name Notice to Optionor - Address Notice to Optionee - Name Notice to Optionee - Address

The parties agree that notices given in accordance with the Option Agreement shall be deemed effective as provided therein, and if none is specified, shall be effective upon delivery by hand, certified mail, or national overnight courier to the addresses provided above.

Optionee (Purchaser):

By:

Date:

Optionor (Seller):

By:

Date:

What the Real Estate Intent to Exercise Option Is

A Real Estate Intent to Exercise Option is a written notice from an option holder stating their decision to invoke a previously agreed purchase or lease option for real property. The document identifies the option agreement, names the optionee and optionor, confirms the exercise date, and specifies the method of performance required by the option (for example, deposit, closing timeline, or initiation of escrow). It serves as clear, time-stamped evidence of the party’s intent and triggers any contractual duties or deadlines tied to option exercise.

Why a Clear Intent Notice Matters

A formal Intent to Exercise Option preserves the option holder’s rights, starts any contractual timelines, and reduces disputes by documenting intent, timing, and required next steps under the original option agreement.

Who typically prepares and receives this notice

Clear distribution to all contract stakeholders (seller, escrow, lender, and counsel) reduces timing errors and helps ensure compliance with the option agreement.

Option holder or buyer: prepares and serves the notice to assert purchase rights and start the closing process.
Option grantor or seller: receives notice and must confirm receipt, fulfill closing steps, or invoke any contractual remedies.
Escrow, title companies, and lenders: use the notice as an action trigger for title checks, payoffs, or funding conditions.

Step-by-step: Completing an Intent to Exercise Option

Follow these steps in order to prepare a legally clear and enforceable notice that triggers option performance and supports escrow and title processes.

01

Identify Agreement: Reference the original option by title and date.
02

Confirm Eligibility: Verify the option is exercisable per contract terms.
03

State Intent: Clearly declare your intention to exercise the option.
04

Deliver Notice: Send by the contract-approved method and retain proof of delivery.

How to set up an online workflow for exercising an option

Configure a repeatable electronic workflow so notices are consistent, auditable, and delivered to all stakeholders.

Field	Configuration
Document Template	Pre-fill agreement references and property data
Signer Roles	Assign option holder and seller as roles
Authentication	Use email + SMS or stronger verification
Delivery	Auto-send to escrow, title, and lender

Digital delivery and eSubmission considerations

Ensure the chosen platform captures timestamps, IP addresses, signer identity evidence, and provides a tamper-evident signed record for closing.

File formats: Use PDF or DOCX for stability and archival
Integrations: Connect to title, escrow, and CRM systems
Authentication: Support email, SMS, KBA, or ID verification

Where the notice goes and what happens next

A clear routing sequence helps all parties act in the correct order and preserves evidence of timely exercise.

Deliver to Seller: Seller acknowledges receipt and confirms acceptability
Notify Escrow: Escrow opens or updates file, orders title search
Inform Lender: Lender reviews payoffs or funding conditions
Recordkeeping: All parties retain signed notice and audit trail

Typical timelines and deadlines to track

Timelines depend on the option agreement; confirm the contract’s specific deadlines and any statutory timing that applies.

Exercise Window:

Follow the exact start and end dates specified in the option

Closing Deadline:

Usually 30–90 days after exercise unless contract states otherwise

Deposit Timing:

Make required deposit by the date shown in the notice or contract

Title Objections:

Typically raised within a short window (e.g., 7–14 days) after title report

Recording Actions:

Prepare for deed recording timelines per county requirements

Security and compliance items to check

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Timestamp, IP address, action log

Authentication: Email, SMS, KBA, or stronger methods

HIPAA: BAA required for protected health information

ESIGN/UETA: Compliant with ESIGN and UETA frameworks

Certifications: SOC 2 Type II and ISO 27001 available

Common legal and financial risks to avoid

Missed Deadline: Loss of option rights

Wrong Party: Invalid exercise if signed by unauthorized person

Incorrect Date: Dispute over timely exercise

Improper Delivery: No proof of receipt can void notice

Notary Failure: Recording rejection or delay

Title Issues: Unresolved liens block closing

Frequent drafting and delivery mistakes

Using informal language or failing to reference the exact option agreement creates ambiguity and can be contested in closing.
Not specifying the method of payment, escrow or deposit amount leaves performance obligations unclear and can delay transfer.
Delivering notice to the wrong address or failing to use contract-specified delivery methods can render the notice ineffective.
Failing to capture proof of delivery (courier receipt, email receipt, or digital audit trail) increases litigation risk if timing is disputed.

Essential components to include in a professional notice

A complete notice contains the identity of parties, precise references to the option agreement, property details, exercise date, required payments, and signature blocks.

Parties Identified

Full legal names for the option holder and grantor, including entity type and authorized signatory details where applicable.

Agreement Reference

Exact title, execution date, and section of the option agreement being exercised so stakeholders can verify entitlement.

Property Details

Street address, legal description, and parcel or tax ID to avoid confusion during title and escrow processing.

Exercise Statement

Clear language stating the intent to exercise and specifying the option rights being invoked under contract terms.

Payment and Closing Terms

State deposit amount, escrow instructions, closing deadline, and any contingencies or waivers being elected.

Signature and Date

Signature of authorized party, printed name, title (if entity), and signature date using MM/DD/YYYY format.

Real-world examples of using an Intent to Exercise Option

Below are two condensed case arcs showing how exercise notices function in practice and the outcomes they produced.

Martin Properties — Mobile Execution

A regional brokerage used an online notice to exercise a purchase option quickly

The exercise was sent with deposit instructions
"I can process and execute all of these documents online with 100% compliance and built-in security," enabling timely escrow opening and a three-week closing.

Optica Ventures — Template Efficiency

A small investor group standardized the notice template for repeat transactions

The template auto-populated property and agreement fields
The result reduced drafting time and improved clarity, allowing faster coordination with title and lender.

Representative eSignature vendors and typical starting prices

Compare typical starting prices and feature availability across common eSignature providers; signNow is listed first per platform 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	No	No	No	No
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

FAQs and troubleshooting for Intent to Exercise Option

Answers to frequent questions about form validity, delivery, and post-exercise steps to reduce processing delays and legal risk.

Need help? Contact support

Can this notice be signed electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and reliable record retention are present.
Is notarization required?
Notarization depends on state and the underlying contract; many states require a notary for deeds or recorded instruments. Check local recording rules before relying on an unnotarized notice.
What if I miss the exercise deadline?
Missing the contractual exercise window usually forfeits option rights. Review the option agreement immediately and consult counsel about any grace periods or cure provisions.
How should I prove delivery?
Use contract-approved methods and preserve evidence: certified mail receipts, courier tracking, or an electronic platform audit trail that records timestamps and IP addresses.
Who must sign the notice?
An authorized representative of the option holder must sign. If an entity signs, include printed name, title, and evidence of signing authority to avoid acceptance challenges.
How long should records be kept?
Retain the notice through closing and for several years after; follow IRS, state, and industry retention rules (e.g., IRS minimum 3 years; see retention timeline section).

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