Voltane

Glossary

What is an option agreement?

An option agreement gives a developer the right, but not the duty, to buy or lease land on agreed terms within a set period.

How an option works

The developer pays the landowner an option fee. In return, the landowner agrees not to sell or lease the land to anyone else during the option period. If the project moves ahead, the developer exercises the option. If not, the option ends and the landowner keeps the fee.

Key terms to look at

ROFO and ROFR

Two related rights are weaker than an option. A right of first offer (ROFO) lets the holder make the first offer before the owner markets the land. A right of first refusal (ROFR) lets the holder match an offer the owner receives from someone else. Neither one fixes the price in advance.

Questions people ask

Does an option count as site control?

In many interconnection processes a signed option counts. The Texas rule adopted under SB 6 accepts a signed option to purchase or lease. Check the rule that applies to you.

Should I use a lawyer for an option agreement?

Yes. An option is a binding contract over land. This page is a plain summary, not legal advice.

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