Election to purchase: Overview, definition, and example
What is election to purchase?
An "election to purchase" is a right or option given to a party (usually an investor, buyer, or lessee) in an agreement to choose whether to buy an asset, property, or security under certain terms, often within a specified time frame. This term is often used in contexts such as stock options, lease agreements, or contracts related to the sale of property or goods. The election to purchase may be exercised at the discretion of the party holding the option, based on the conditions outlined in the agreement.
For example, in a lease agreement, a tenant may have the "election to purchase" the property they are renting at a set price before the lease ends.
Why is election to purchase important?
The election to purchase is important because it gives one party (usually the buyer or lessee) the flexibility to buy an asset, property, or security at an agreed-upon price, often at a future date. It provides an opportunity to secure a purchase without being obligated to go through with it unless they choose to do so. This flexibility can be valuable in situations where market conditions or the value of the asset might change in the future.
For businesses, offering an election to purchase clause in a contract can make deals more attractive to potential buyers or tenants, knowing they have the option to purchase in the future. For buyers or tenants, it provides the ability to lock in a price without committing to the purchase immediately.
Understanding election to purchase through an example
Imagine a company that leases office space and has an agreement with the landlord that gives them the "election to purchase" the property during the lease term at a price of $1 million. If the company decides they want to buy the office building, they can exercise their right to purchase by informing the landlord within a specified period, such as 12 months. If they choose not to buy, they simply let the option expire, and the lease continues.
In another example, a startup may have an agreement with an investor that includes an "election to purchase" additional shares of the company at a fixed price before the company goes public or is sold. This gives the investor the option to buy more equity in the future if the company’s value increases.
An example of an election to purchase clause
Here’s how an election to purchase clause might appear in a contract:
“The Tenant shall have the right, but not the obligation, to purchase the Property at a price of $500,000, at any time during the lease term, by providing written notice to the Landlord. If the Tenant does not exercise the option to purchase within the specified time frame, the Tenant’s right to purchase shall expire.”
Conclusion
An election to purchase is a clause in a contract that gives one party the right to purchase an asset, property, or security at a predetermined price, usually within a specific time frame. It provides flexibility for the buyer or lessee, while offering the seller or landlord the assurance of a potential future sale. This option is valuable in various business transactions, especially where the buyer wants to wait for more favorable conditions before making a purchase.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.