In Ohio, an option to purchase:
Question & Answer
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Is automatically binding on both parties
Option A is incorrect because an option contract is not automatically binding on both parties. Only the optionee (buyer) has the right to decide whether to purchase. The optionor (seller) is bound to sell if the option is exercised, but the buyer has no obligation to proceed.
Gives the optionee the right but not obligation to buy
Requires no consideration
Option C is incorrect because all valid contracts, including options, require consideration. In option contracts, consideration is typically the payment of an option fee by the buyer to the seller, which creates the seller's obligation to keep the property available for purchase.
Must be for 1 year or less
Option D is incorrect because there is no legal requirement in Ohio that an option must be for one year or less. Options can be created for any duration agreed upon by the parties involved.
Why is this correct?
Option B is correct because an option contract, by definition, gives the optionee (buyer) the exclusive right to purchase the property within a specified time period, but does not create any obligation for the buyer to proceed with the purchase. The buyer may choose to exercise the option or let it expire without penalty.
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