Notice of Option for Recording - North Carolina 2025

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  1. Click ‘Get Form’ to open the Notice of Option for Recording in the editor.
  2. Begin by filling in the 'Prepared by, recording requested by and return to' section. Enter the name, company, address, city, state, phone, fax, and zip code as required.
  3. In the 'MEMORANDUM AND NOTICE OF OPTION TO PURCHASE' section, input the names of the Seller(s) and Buyer(s) along with the date of agreement.
  4. Specify the real property details including county and a description of the property in the designated area. Attach any necessary exhibits if applicable.
  5. Indicate the duration of the option period by filling in the number of years and both start and end dates.
  6. Ensure all parties sign in their respective areas under 'IN WITNESS WHEREOF'.
  7. Complete notary sections by providing necessary details such as printed name and commission expiration date.

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In North Carolina, only one party has to consent to the recording or disclosure of communications. That means you can agree, to yourself, to record your conversation with a person who is in North Carolina, and you do not need that persons consent to record the conversation.
An option contract shall contain at least all of the following: (1) The full names and addresses of all the parties to the contract. (2) The date the contract is signed by each party. (3) A legal description of the property to be conveyed subject to an option to purchase.
For a deed to be valid, it must contain several essential elements, including the operative words of conveyance, description of the property, signatures, delivery, proper formatting and execution, absence of defects and encumbrances, legal capacity of parties, proper recording, and voluntary execution.
A deed must state the name and address for the current owner making the transfer (the grantor) and the new owner receiving the property (the grantee). A deed with more than one grantor or grantee must include the names and addresses of all parties.
In a few states, an unrecorded deed is invalid unless it is recorded. But in most states, an unrecorded deed is valid only between the grantor and the grantee. When a deed is unrecorded, it does not give constructive notice to the world of its contents.
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A valid deed transfers legal title when the grantor signs it in the presence of two witnesses and acknowledges it before a notary public, as required by N.C.G.S. 47-10. Delivery of that deed completes the conveyance between the parties, even if no one records it at the county register of deeds.
A deed seeking to convey an interest in land is void unless it contains a description of the land sufficient to identify it or refers to something extrinsic by which land may be identified with certainty. Overton v. Boyce, 289 N.C. 291, 293, 221 S.E.2d 347, 348 (1976).
To assure the option holder that the purchase option can be exercised, whether or not the granting owners continue to own the property, the grant of purchase option should be prepared in a recordable form and recorded in the real estate records of the county in which the property is located.

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