Docstoc Legal Agreements
This Lease to Purchase Option Agreement is used where a lease of real property offers the
lessee an option of purchasing the premises at a specified time, for a pre-determined price.
The agreement requires the lessee to provide the lessor with option consideration, similar
to a down payment, which secures the property for purchase at a later date. The lessor is
prohibited from listing the property for sale during the contract period. If the lessee wishes
to exercise the option, he or she must notify the lessor, and a portion of the monthly lease
payment is applied to the purchase price. This agreement is useful for property owners
located in Idaho to sell property to buyers with bad credit or who cannot obtain home
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LEASE TO PURCHASE OPTION AGREEMENT
This Lease to Purchase Option Agreement (“Lease”) is made on ____ [Month] ____ [Date],
20____ by and between ________________________________ [Instruction: Insert the name
of Lessor](hereinafter termed as the “Lessor”) and ________________________________
[Instruction: Insert the name of Lessee](hereinafter termed as the “Lessee”). The Lessor and
the Lessee may individually be referred to as the “Party” and collectively be referred to as the
WHEREAS, the Lessor is the sole owner of certain real property being, lying and situated at
[Instructions: Insert address of Premises]
(hereinafter termed as the “Premises”) agreed upon the following terms and conditions:
1. Option to Purchase. In consideration of the Lessee meeting all obligations as stated herein
under this Lease, the Lessor hereby grants the Lessee an “Option to Purchase”.
2. Lease Term. Lessee understands that time is of the essence in this Lease. The Lease will
start on ____ [Month] ____ [Date], 20____ and will end on ____ [Month] ____ [Date],
3. Notice Required Exercising Option. To exercise the Option to Purchase, the Lessee must
deliver to the Lessor written notice of Lessee’s intent to purchase. In addition, the written
notice must specify a valid closing date. The closing date must occur before the original
expiration date of the Lease Agreement, or the date of the expiration of the Lease designated
in Paragraph 2, whichever occurs later.
4. Option Consideration. As consideration for this Lease, the Lessee shall pay the Lessor a
non-refundable fee of ________ ($___) [Instruction: Insert the consideration amount, e.g.,
Fifty dollars ($50)], receipt of which is hereby acknowledged by the Lessor. This amount
shall be credited to the purchase price at closing if the Lessee timely exercises the Option to
5. Purchase Price. The total purchase price for the Premises is _______ ($______)
[Instruction: Insert the consideration amount, e.g., Fifty thousand dollars ($50,000)].
Provided that the Lessee timely executes the Option to Purchase, is not in default of the
Lease, and closes the conveyance of the Premises, Lessor shall credit towards the purchase
price at closing the sum of _____ ($______) [Instruction: Insert the closing amount, e.g.,
Fifty dollars ($50)] from each monthly lease payment that the Lessee timely made.
However, the Lessee shall receive no credit at closing for any monthly lease payment that the
Lessor received after the due date specified in the Lease.
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6. Remedies upon Default. If the Lessee defaults under this Lease, then in addition to any
other remedies available to the Lessee at law or in equity, the Lessor may terminate this
Option to Purchase by giving written notice of the termination. If terminated, the Lessee shall
lose entitlement to any refund of rent or option consideration. For this Lease to be
enforceable and effective, the Lessor must comply with all terms and conditions of the Lease.
7. Lease Payment. Lessee agrees to pay to the Lessor as rent for the Premises the amount of
________ ($___) [Instruction: Insert the amount of rent, e.g., One Thousand dollars
($1,000.00)] (‘Rent’) each month in advance on the first day of each month to the Lessor or
any other address designated by the Lessor.
8. Late Charges/Insufficient Fund. If any amount under this Lease is more than _______ (__)
days late [Instruction: Insert number of days, e.g., fifteen (15) days], the Lessee agrees to
pay a late fee of ________ ($___) [◊ Instruction: Insert the late fee amount, e.g., Fifty
dollars ($50)]. Also the Lessee agrees to pay charges of ________ ($___) [◊ Instruction:
Insert the late fee amount, e.g., Fifty dollars ($50)] for each check given by the Lessee to
the Lessor that is returned back to the Lessor for lack of sufficient funds.
9. Quiet Enjoyment. The Lessee shall be entitled to quiet enjoyment of the Premises, and the
Lessor will not interfere with that right, as long as the Lessee pays the rent in a timely
manner and performs all other obligations under this Lease. Any assignment or sublease
without the Lessor’s written prior consent shall, at the Lessor’s option, terminate this Lease.
10. Maintenance, Repairs or Alterations: The Lessee shall maintain the Premises in a clean
and sanitary manner including all equipment, appliances, furniture and furnishings therein, in
as good condition as received. The Lessee shall maintain any surrounding grounds, including
lawns and shrubbery, and keep the same clear of rubbish and weeds, if such grounds are part
of the Premises and are exclusively for use of the Lessee. The Lessee shall make no
alterations to the buildings or improvements on the Premises or construct any building or
make any other improvements on the Premises without the prior written consent of the
Lessor. Any and all alterations, changes and/or improvements built, constructed or placed on
the Premises by the Lessee shall, unless otherwise provided by written agreement between
the Lessor and the Lessee, be and will become the Premises of the Lessor and remain on the
Premises at the expiration or earlier termination of this Lease.
11. Entry and Inspection: The Lessee shall permit the Lessor or the Lessor’s agents to enter the
Premises at reasonable times and upon reasonable notice for the purpose of inspecting the
Premises or for making necessary repairs.
12. Security/Damage Deposit: The security deposit of ________ ($___) [◊ Instruction: Insert
the security deposit, e.g., Fifty dollars ($50)] shall secure the performance of the Lessee’s
obligations hereunder. The Lessor may apply all or portions of said deposit on account of the
Lessee’s obligations hereunder. Upon exercise of the option, the Lessor shall credit said
deposit towards the purchase price of the Premises.
13. Binding Effect. The conditions contained in the Lease shall apply to and bind the parties and
the heirs, legal representatives, successors and permitted assigns of the parties.
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14. Governing Law and Venue. This Lease shall be governed, construed and interpreted by,
through and under the Laws of the State of Idaho. The Parties further agree that the venue for
any and all disputes related to this Lease shall be Idaho,
____________________________________ [Instruction: Insert the County].
15. Attorney’s Fees. The prevailing Party shall be entitled to all costs incurred in connection
with any legal action brought by either Party to enforce the terms hereof or relating to the
Premises, including reasonable attorney’s fees.
16. Entire Agreement; Modification. This document sets forth the entire Lease and
understanding between the Parties relating to the subject matter herein and supersedes all
prior discussions between the Parties. No modification of or amendment to this Lease, nor
any waiver of any rights under this Lease, will be effective unless in writing signed by the
Party to be charged.
17. Acknowledgments. The Parties are executing this Lease voluntarily and without any duress
or undue influence. The Parties have carefully read this Lease and have asked any questions
needed to understand its terms, consequences and binding effect, and fully understand them
and have been given an executed copy. The Parties have sought the advice of an attorney of
their respective choice if so desired prior to signing this Lease.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement the day and year
first above written.
[Instruction: Insert the signature of Lessor]
[Instruction: Insert the name and address of Lessor]
[Instruction: Insert the signature of Lessee]
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[Instruction: Insert the name and address of Lessee]
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