Establishing secure connection…Loading editor…Preparing document…

Real Estate Option LOI

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

REAL ESTATE OPTION LETTER OF INTENT

Parties

Optionor (Owner):

Optionee (Prospective Purchaser):

Property Identification

Option Grant and Term

Optionor hereby grants Optionee the exclusive option to purchase the Property upon the terms set forth below (the "Option"). The Option commences on and expires at 5:00 p.m. local time on (the "Option Period"), unless earlier exercised or terminated in accordance with this Letter of Intent.

Consideration / Option Fee

Optionee shall pay an option fee to Optionor in the amount of $ (the "Option Fee") due within days of the Option commencement date. The Option Fee shall be applied to the Purchase Price at Closing if the Option is exercised in accordance with the terms hereof. The Option Fee is non-refundable except as expressly provided in this Letter of Intent.

Purchase Price & Payment Terms

The proposed purchase price for the Property is $ (the "Purchase Price"), payable as follows: earnest money deposit of $ due at exercise; balance at Closing by wire transfer or other good funds. The parties may agree in a definitive purchase agreement to adjustments for prorations, taxes, and closing costs as customary in similar transactions.

Exercise Procedure

To exercise the Option, Optionee must deliver written notice of exercise to Optionor at the Notice Address below (receipt required) prior to the expiration of the Option Period. Notice of exercise shall specify a proposed Closing Date including a requested Closing window of no less than days after delivery of such notice.

Due Diligence & Inspections

During the Option Period Optionee and its agents shall have the right to enter the Property for inspections, surveys, environmental assessments, and appraisals following reasonable notice to Optionor. Optionee shall restore the Property to its pre-inspection condition and shall indemnify Optionor for any damage caused by such activities. Optionee shall have days from delivery of an exercise notice (or from the date of an additional agreed inspection period) to deliver written objections or to terminate the Option in the event of material adverse conditions discovered.

Financing Contingency

Exercise of the Option may be conditioned upon Optionee's ability to obtain financing on terms acceptable to Optionee, as specified in a definitive purchase agreement. Optionee shall use commercially reasonable efforts to obtain financing; failure to obtain financing within the agreed financing contingency period shall entitle Optionee to terminate without further obligation other than forfeiture or return of the Option Fee pursuant to any express agreement between the parties.

Assignment

The Option may be assigned by Optionee to an affiliate or an entity controlled by Optionee with prior written notice to Optionor. Any other assignment requires Optionor's prior written consent, which shall not be unreasonably withheld when the proposed assignee is creditworthy and legally capable of performing under a definitive purchase agreement.

Title, Survey & Closing

At Closing, Optionor shall convey good and marketable title by general warranty deed (or other agreed form) free of monetary liens except as disclosed in writing prior to exercise. Optionee may obtain a current title commitment and survey at Optionee's expense. Closing shall occur at a mutually agreed escrow or title company on the Closing Date.

Disclosures

The parties represent that they will provide currently known disclosures customary to the jurisdiction. The following known conditions are indicated below:

Lead-based paint present?

Known mold or water intrusion?

Prior material property damage or claims?

Default & Remedies

If Optionee properly exercises the Option and Optionor fails to close, Optionee shall be entitled to pursue specific performance or monetary damages, including recovery of costs and reasonable attorneys' fees incurred to enforce this Letter of Intent. If Optionee fails to timely exercise the Option, Optionor may retain the Option Fee as liquidated damages unless otherwise agreed in writing.

Confidentiality & Non‑Binding Provisions

Except for the provisions expressly stated below as binding, this Letter of Intent is intended only as a summary of the principal terms and is non‑binding. The confidentiality obligation set forth in this paragraph and the Option Fee payment, exclusivity during the Option Period (if any), and any mutual releases or indemnities expressly stated as binding shall be binding on the parties. All other terms are subject to preparation and execution of a definitive purchase agreement.

Notices

All notices required or permitted under this Letter of Intent shall be in writing and delivered to the addresses below by hand, nationally recognized overnight courier, or certified mail, return receipt requested, or by electronic delivery with confirmation:

Governing Law; Entire Agreement

This Letter of Intent shall be governed by and construed in accordance with the laws of the state where the Property is located. This Letter of Intent, together with any binding provisions expressly set forth herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings.

Miscellaneous

Time is of the essence with respect to all dates and deadlines in this Letter of Intent. No amendment shall be effective unless in writing and signed by both parties. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

Acknowledgment

The undersigned represent that they are authorized to execute this Letter of Intent on behalf of the parties identified and acknowledge that execution of a definitive purchase agreement is required to effectuate a transfer of the Property, except as to binding provisions expressly stated herein.

Optionor Printed Name:

By:

Date:

Optionee Printed Name:

By:

Date:

Enter text✕

What a Real Estate Option LOI Is and when it’s used

A Real Estate Option Letter of Intent (Option LOI) is a preliminary, written proposal that secures an exclusive right to purchase or lease a property within a defined period under stated terms. It is not the final purchase contract but sets the principal deal points — option period, option fee, purchase price or formula, due diligence windows, and key conditions for exercising the option. The LOI creates a roadmap for negotiation, documents mutual intent, and can include binding and non‑binding provisions depending on language chosen by the parties.

Why an Option LOI matters for property transactions

An Option LOI focuses negotiation, protects a buyer’s exclusive right to evaluate a property, and records essential commercial terms early. It reduces ambiguity, allocates short-term risk, and speeds due diligence and financing timelines while preserving flexibility for both parties.

Why an Option LOI matters for property transactions

Who typically prepares and signs an Option LOI

Common participants include prospective purchasers, property owners, brokers, and in-house counsel who draft or negotiate the LOI before advancing to a definitive purchase or lease agreement.

  • Prospective Buyer: Commercial or individual purchaser securing exclusive negotiation and inspection rights during the option period.
  • Seller / Owner: Property holder granting exclusivity in exchange for an option fee and defined performance covenants.
  • Broker / Agent: Intermediary preparing terms, documenting offers, and coordinating timelines between parties.

Parties should confirm who has signing authority and whether the LOI or specific sections are intended to be legally binding before execution.

Core elements to include in a professional Option LOI

A thorough Option LOI identifies the parties, property, option consideration, term, exercise mechanics, and key contingencies so the path to a definitive agreement is clear for both sides.

Parties

Full legal names and entity types for buyer and seller; include formation state and authorized signatory to avoid later identity disputes.

Property Description

Street address, parcel number, legal description or metes-and-bounds; attach or reference an exhibit when necessary for precise identification.

Option Fee

Specify amount, payment timing, refundability, and whether the fee applies to purchase price on exercise to prevent later disagreement.

Option Term

Define start and expiration dates in MM/DD/YYYY format and any extension rights or automatic renewals with clear notice mechanics.

Exercise Mechanics

State how to exercise (written notice, delivery address, time of day), required deposits at exercise, and closing target dates.

Contingencies

List due diligence rights, financing condition, title requirements, survey obligations, and any allocation of closing costs or remedies.

Step-by-step: completing and executing the Option LOI

Follow these steps to prepare a clear, enforceable Option LOI and reduce negotiation friction.

  • 01
    Draft Terms: Document property, fee, term, price or pricing formula.
  • 02
    Allocate Duties: Assign inspection, title, and closing responsibilities.
  • 03
    Review Legality: Confirm signatory authority and any notarization or witness needs.
  • 04
    Execute & Distribute: Sign, date, and provide copies to all parties with a retained executed PDF.

How to configure a digital Option LOI workflow

When completing the LOI online, set roles, authentication, and routing in the document workflow before sending for signatures.

Field Configuration
Upload Document Use PDF or DOCX; ensure exhibits attached.
Assign Roles Designate signers, reviewers, and observers.
Authentication Choose email or SMS code; use stronger KBA for high-value deals.
Routing Order Set sequential or parallel signing per negotiation protocol.

Sending and tracking an Option LOI electronically

Use a defined electronic workflow so each action is timestamped and an audit trail is preserved for enforceability and recordkeeping.

  • Prepare Document: Upload final LOI and attach exhibits.
  • Place Fields: Insert signature, date, and initial fields.
  • Send to Signers: Use email invites or secure signing links.
  • Capture Audit Trail: Retain IP, timestamps, and authentication events.

Digital signing and technical considerations for electronic LOIs

Choose an eSignature platform supporting PDF/DOCX, audit trails, and appropriate signer authentication for the transaction value and sensitivity.

  • File Formats: PDF and Word DOCX
  • Authentication: Email, SMS code, KBA
  • Integrations: CRM and cloud storage

Ensure the platform complies with ESIGN and UETA, offers tamper-evident signed documents, and supports record export for title and closing workflows.

Common timelines and deadlines in an Option LOI

Typical LOI timelines set the cadence for inspections, financing, exercise, and closing. Record each deadline as MM/DD/YYYY to avoid ambiguity.

Option Period End:

Final date and time to deliver exercise notice.

Due Diligence Window:

Number of days for inspections and reports.

Exercise Notice Deadline:

Method and final delivery date for exercising option.

Target Closing Date:

Proposed date for completing conveyance.

Recording Deadline:

Date by which deed or lease must be recorded.

Common mistakes to avoid when preparing an Option LOI

  • Vague price formulas that leave material terms undefined and trigger later disputes over valuation.
  • Failing to identify parties precisely, which can lead to signature invalidity and title issues at closing.
  • Not specifying notice mechanics, resulting in missed exercise or extension deadlines and loss of rights.
  • Mixing binding and non-binding clauses without clear labels, creating unintended contractual obligations.

Key risks and consequences of errors in the Option LOI

Forfeiture: Loss of option fee
Loss of Priority: Other buyers may proceed
Title Issues: Defects delay closing
Tax Reporting: 1099 or transfer issues
Enforceability: Terms may be void
Fraud Risk: Identity disputes possible

Real-world examples of Option LOI use

These short case examples show how real organizations applied an Option LOI in practical transactions.

Martin Properties

A regional developer used an Option LOI to secure a 90-day exclusive purchase window while completing environmental reports.

  • The LOI required an option fee credited at closing.
  • Using a signed LOI allowed the buyer to lock the site and obtain a conditional loan commitment without tying up capital in immediate purchase.

BIS

A commercial investor negotiated a six-month option tied to zoning approvals.

  • Exercise required written notice and escrow deposit.
  • The LOI clarified contingencies and reduced negotiation time, enabling the investor to meet financing timelines and proceed to a definitive purchase contract smoothly.

Practical tips for accurate and efficient Option LOI completion

Adopt repeatable practices to limit disputes and speed closing when using Option LOIs in property transactions.

Use Clear, Consistent Language
Draft short, unambiguous clauses for pricing, deadlines, and exercise mechanics to reduce later litigation risk and streamline lender review.
Limit Binding Clauses
Mark confidentiality or exclusivity as binding and indicate other sections are non-binding to avoid inadvertent contract formation.
Record Audit Trail
Keep signed PDFs with time stamps, signer authentication records, and delivery receipts to support enforceability and title defense.
Coordinate with Title
Obtain preliminary title commitments early and specify title requirements in the LOI to avoid unexpected exceptions at closing.

eSignature pricing and feature comparison for Option LOI workflows

Platform pricing and features affect cost, compliance, and workflow for Option LOIs. The table compares starting price, trials, bulk send, audit trail, HIPAA compliance, and envelope limits.

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 by plan Varies by plan
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about Real Estate Option LOIs

Answers address common execution, enforceability, and delivery questions that arise during LOI preparation and signing.


Need help? Contact support

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