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Updated 4 months ago on . Most recent reply
![John Divine's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/2896713/1702856566-avatar-johnd2125.jpg?twic=v1/output=image/crop=186x186@0x0/cover=128x128&v=2)
Curious about purchase option agreements
Hey BP, I'd like to learn more about a purchase structure I don't hear about often: just a straightup option to purchase or purchase option agreement (NOT a lease option).
In my mind, the agreement would look loosely like this: The option buyer pays an upfront fee to the option seller, giving the buyer a right to buy the property at any time between now and a certain date in the future, for a set price. I'm interested ideally in very long-dated contracts to take advantage of appreciation. So for example, you give the seller $5k upfront in exchange for the right to purchase a property (let's say worth $200k today) for $250k in ten years. The seller keeps that $5k no matter what, and it's not credited back at the time of sale. If you're familiar with stock options, this is exactly how call options work, although they only go out a max of maybe 27 months or so.
My questions are a bit numerous, but I've ordered them roughly in order of importance for me:
-Is this legal? If so, has anyone out there done this and how did it go?
-Are there legal restrictions on this in NC, such as the length of the option?
-What sort of protections can be put in place for the buyer? I'm thinking of liens, backtaxes, making sure the seller doesn't sell to someone else, etc.
-Do folks have ideas about the best ways to source (i.e. find an option seller) for such deals?
-If these sorts of deals are doable (preferably in NC, but I'm open to other states as well), are there real estate lawyers specializing in this sort of thing?
Thanks,
John