Q&As

What are the risks faced by the grantee of an option over land in Scotland and how can these be mitigated?

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Published on: 17 September 2019
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Reference is often made to ‘put’ option agreements and ‘call’ option agreements. A call option agreement is one where the buyer (grantee) can call upon the seller (grantor) to sell a property (or part of it) to the grantee. A Put option is one in which the landowner can call upon the grantee to purchaser the property, see Practice Note: Options to purchase property—Scotland.

When an option over land is granted, the grantee has a contractual right to exercise the powers conferred to them by the option agreement. These powers most commonly involve the right to purchase the land:

  1. •

    at a particular point in time, or

  1. •

    within a certain time-frame

at

  1. •

    a price, or

  1. •

    a pricing strategy (such as the Market Value of the land at the time of purchase)

determined at the time the option was agreed.

Grantees often pay a substantial fee for the option itself, particularly if the land has the potential

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United Kingdom
Key definition:
Put option definition
What does Put option mean?

A put option gives the buyer the right (but not the obligation) to sell an asset on (and sometimes before) a given date at a price agreed today. The seller (writer) of the option has the obligation to buy the underlying asset at that price if the option is exercised.

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