Option to Purchase Package - Indiana 2025

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Frequently, Rule Against Perpetuities issues show up in option agreements. An option grants to the holder the power to compel the owner of property to transfer real property in the future, whether or not the owner is willing to part with the property.
Broadly, a real estate option is a specially designed contract provision between a buyer and a seller. The seller offers the buyer the option to buy a property by a specified period at a fixed price. The buyer purchases the option to buy or not buy the property by the end of the holding period.
Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a life in being plus twenty-one years.
For example, Arthur conveys land to Bertha for life, then to Berthas first child to reach age 25. The age-25 condition violates the RAP because it allows for vesting more than 21 years after Arthur and Bertha are dead. But a court might conclude that Arthurs intent was to give the land to Berthas oldest child.
Introduction. The word perpetuity means indefinite period. The rule against perpetuity, also known as the rule against remoteness of vesting, means that a property cannot be transferred in such a manner that it becomes inalienable for an indefinite period. This disposition would be a transfer in perpetuity.

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Many Hoosiers mistakenly believe that they can legally cancel contracts or purchase decisions as long as they do it within three days of making an agreement. In most cases, thats simply incorrect. Under Indiana law, a sale is usually considered final immediately.

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