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But It s Just An Option! Option Risks And The Tale Of Horn v Xylem

We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a price, a timeline, probably some representations and warranties, and perhaps conditions to be satisfied. But an option to purchase a property? Well, that just doesn t sound quite as important now does it? After all, if something is optional it might not even be needed, or it might never exist. It certainly doesn t seem to warrant as much attention as an agreement to purchase so perhaps no great amount of attention should be paid to it?

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