Options Contract: Definition, How They Work
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What Is an Options Contract?
An options contract is an agreement between two parties with the purpose of giving the holder of the contract the right to buy or sell the underlying asset at a specified price within a certain time.
Common types of assets an options contract may cover include:
- Stocks
- Securities
- Real Estate
Possibly the most important aspect of an options contract is that while it gives someone the right to buy or sell an asset, the individual who purchases the option is not required to buy or sell.
There are two kinds of options contracts, called call and put options. You can buy options contracts to speculate on stocks, or you can sell these contracts to generate income.
Typical stock options contracts cover 100 shares of an underlying stock, although this amount can be adjusted for:
- Mergers
- Special dividends
- Stock splits
How Does an Options Contract Work?
An options contract includes terms that specify:
- The contract's expiration date
- The strike price, or the price at which an underlying asset may be transacted
- The underlying asset
You can generally purchase call options as a leveraged bet on a stock or index's appreciation. You generally purchase put options, on the other hand, to make a profit when prices decline.
Call option buyers have the right, but are not required, to buy the amount of shares that the contract covers at the set strike price. The opposite is also true: Put buyers have the right but are not required to sell their shares at the strike price a contract sets.
However, option sellers must transact their side of any trade if the buyer chooses to either execute the call option and purchase the underlying asset or execute the put option to sell the underlying asset.
Traders typically use options for hedging or speculation. This is because options usually cost just a part of what the underlying securities themselves would cost. You can use options as a way of getting leverage, as they allow an investor to bet on a stock without needing to buy or sell those shares outright.
What Is a Put Option?
You would typically purchase a put option when you expect to profit from the price of an asset declining. Buyers of a put option own a right to sell their shares at the strike price listed in the contract.
The buyer of a put option can only exercise their right to sell the shares to the seller of the contract at the strike price. The buyer also has the option to sell their contract if the shares aren't held in the portfolio.
What Is a Call Option?
You would typically buy a call option to leverage the price of an asset such as a stock, index, or other asset. You have the right to buy a set amount of shares at the strike price, but are not obligated to make the purchase. The contract should specify both the number of shares (or other assets) you purchase as well as the strike price.
When a call option transaction occurs, the position opens when the buyer purchases a contract from the seller. The seller is also called a writer in these transactions. The seller of a call option receives a premium when they assume the obligation to sell their shares at the strike price. The buyer benefits by getting the option to purchase the asset at the strike price, no matter if the value of the asset increases above that price in the period of time covered by the contract.
Here is an article with more information about put and call options.
Why Do People Choose Options Contracts?
Options contracts have a few different advantages. These benefits include:
- The seller receives a premium: The seller of an options contract receives a payment (the premium). They get that premium regardless of what happens with the contract after that point. That's why you'll find options traders who use received premiums as a big amount of their portfolio income.
- The buyer can lock in their right, without paying a lot: The buyer of the option also benefits. They can lock in their right to acquire the asset involved in the contract while only putting up a small amount of their money upfront. Since options contracts usually cost just a part of what the stock or other asset would cost — and the strike price is only due if the owner of the option decides to exercise their contract — the contract owner can gain the right to buy the asset at an attractive price.
- Options contracts give investors flexibility: If an investor uses options contracts well, it gives them the flexibility to take action with their portfolio and can help control risk while maximizing returns.
Image via Unsplash by austindistel
Common Areas Where Options Contracts Are Used
You will most frequently see option contracts in the financial industry. Options contracts are also sometimes found in real estate.
Options Contracts in Financial Industry
You can option the chance to buy or sell stock at a certain price for a specified period of time. Again, the buyer of the option is not obligated to exercise their option.
Options Contracts in Real Estate
Option contracts are sometimes used in real estate transactions. This is because a potential buyer of a property often needs additional time to complete steps such as securing funding and inspecting the property before they make an actual purchase. A seller and potential buyer can therefore agree on a certain selling amount while the buyer completes any necessary steps. Once the buyer agrees to terms within that set time period, the parties can create a binding contract for the transaction.
Here is an article with further reading about real estate options.
Options Contracts as Part of an Employment Offer
Many companies, especially startup companies and small businesses, offer options contracts as part of their benefits package. Employee options contracts offer employees the option to purchase stock in their company at a very reduced price. However, the price of the stock is determined by the option contract.
This arrangement has benefits for both the employer and employee. Both the business and the employee hope the company stock will rise in price, giving the employee incentive to work hard to make that happen.
What Is Included in an Options Contract?
Options contracts contain the elements of a typical contract, including:
- The offer made by a promisor
- The acceptance of a promisee
- Consideration (this is the exchange of something of value for something else of value)
- Mutuality of parties
- Legal capacity for parties to enter into the contract
- Legally acceptable terms
An options contract will typically include the following additional elements:
- The underlying security
- The type of option (whether it is a call option or a put option)
- The commodity involved in the contract
- The date on which the contract is enforced
- The strike price
- The expiration date
You may want to use an options contract to purchase stock options or real estate, or you may wish to offer stock options to employees. It's important to work with an experienced lawyer when creating these contracts.
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Meet some of our Options Contract Lawyers
Tabetha H.
I am a startup veteran with a demonstrated history of execution with companies from formation through growth stage and acquisition. A collaborative and data-driven manager, I love to build and lead successful teams, and enjoy working full-stack across all aspects of the business.
"Tabetha provided feedback on a legal document in a timely and thorough manner. I plan to use her services going forward."
Samuel R.
My career interests are to practice Transactional Corporate Law, including Business Start Up, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Business Transactional Agreements, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the Super Lawyers Southwest Rising Stars list for 2024 - 2026. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, and also trademark registration and licensing.
"Sam was great to work with. He was responsive. His redlines and corresponding comments were extremely helpful. I am so glad I hired him to help with my FSBO contract."
Garrett M.
I am a solo practitioner with a practice mostly consisting of serving as counsel to start-ups and small business owners and investors. With a practical business background, I aim to bring practical, business minded solutions to my client's legal problems and pride myself on efficient yet effective work.
"Garrett was extremely professional, attentive, and adhered to the very tight deadlines we had set. I would like to highlight that, in addition to completing the task assigned to him, he took the initiative to research all parties involved in the contract to provide us with the best possible support. We are very satisfied and look forward to working with him again."
Dan "Dragan" I.
I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes drafting and reviewing contracts. I am also passionate about helping small and medium businesses with trademark registration and trademark-related legal projects. The law can be confusing and complicated for people, and I am passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs.
"Dan was thorough, responsive, and explained the trademark process clearly. Highly recommended."
Valerie L.
Valerie is a passionate attorney specializing in Employment Law, Family Law, Personal Injury, and Business. With a strong foundation in the legal field, she is committed to helping individuals navigate the intricacies of their legal agreements. Valerie prioritizes open communication, ensuring her clients feel seen, understood, and confident as they make important decisions for their future. She is committed to empowering clients to become the best version of themselves while addressing their unique needs throughout the process.
"I had an excellent experience working with Valerie on my prenup. She was knowledgeable and thorough. She took time to answer my questions and explain items in detail. I felt completely supported throughout the entire process. Thank you for your professionalism and for making an otherwise stressful task feel more manageable. Highly recommend!"
Tina T.
I am a New Mexico licensed attorney with many years of world experience in real estate, transactional law, social security disability law, immigration law, consumer law, and estate planning.
December 27, 2022
Brent W.
Brent has been in practice since 2007 and been the principal attorney and owner of The Walker Firm, LLC since 2014. Brent focuses on providing an array of general counsel services to individuals and companies in a variety of industries.
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Real Estate
Options Contract
Pennsylvania
Can you draft a real estate option agreement that is legal in PA and NY?
Hi, My name is Shawn Mallett. I am a real estate marketer and seller that is not real estate salesperson licensed. Can you confirm whether or not it is legal for me to utilize an option to purchase contract with a seller/wholesaler with the intention to sell and assign the contract (with the seller knowing this intention) rather than the intention to close on it myself? How much would you charge to confirm the legality of the following contract in both PA and NY and make the appropriate changes if needed? Option to Purchase Real Estate Agreement Date: 06/21/2021 This option agreement is entered between the Parties, Optionor(s) and Optionee(s), below in consideration of and subject to the following terms and conditions. 1. Parties ________________ and/or assigns as Optionee and _________________ as Optionor. 2. Property located in the Town of _________, County of _________, state of _________, to wit: Lot: ___________ Grid Number: ____________ 3. Offer: Optionee has the option to purchase this property at a price of __________________. 4. Period: 3 Years (1,095 days) 5. Terms and Conditions: ‐ Optionor understands that Optionees’s intention is to find an End‐ Buyer and assign this option agreement to that End‐Buyer for a fee (paid by the End‐Buyer). ‐ Optionor understands that Optionee is acting as a principal in the transaction and is not working as a licensed real estate broker representing anyone in the transaction. ‐ Upon Optionee’s decision to exercise this option, both parties agree to move forward with the necessary standard purchase and sales agreement. ‐ Optionor may cancel this agreement at any time if they find their own End‐ Buyer or decide not to sell. This cancellation must be done in writing. ‐ Optionor agrees to allow Optionee to advertise the property for sale. ‐ If Optionee does not acquire an End‐Buyer to assign this deal to within 3 years (three year) of acceptance of this Option Agreement, this agreement becomes null and void. ‐ All parties agree that property is sold in “as is” present condition unless noted otherwise. ‐ Time is of the essence in this agreement. OPTIONOR:____________________ DATE: 06/21/2021 OPTIONEE:__________________________________________________________________DATE: 06/21/2021 Thanks.
Samuel R.
Yes I can draft this agreement for you.
Business Contracts
Options Contract
California
Can I negotiate my stock option agreement?
I am being offered stock options by a potential employer. What can I negotiate?
Michael M.
In general a stock option agreement is a mutually agreed upon contract. However, these documents must conform to to the terms of the Stock Option Plan. Typically, the only true negotiable item is the quantity of options one is receiving but each situation is fact specific.
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Doc Type: Options Contract
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