Contracts

Under NH law, a real estate 'option agreement' requires the optionor (seller) to keep the offer open for the option period. The consideration paid for the option:

AIs applied toward the purchase price if the option is exercised
BIs forfeited by the optionee if the option is not exercised, unless the agreement provides otherwise✓ Correct
CMust be refunded if market conditions change
DIs the same as the earnest money deposit

Explanation

The option consideration (fee paid to keep the offer open) is generally retained by the seller if the optionee does not exercise the option. This is the seller's compensation for taking the property off the market during the option period. The agreement may provide that the option fee applies to the price if exercised.

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