The Texas Real Estate Option Period


If you have bought real estate in Texas then you will already be aware of “option period” but if you haven’t then this is a must read. Let’s say you have found a home you want to buy and all the terms have been agreed on. All parties then sign the real estate contract but before you do that first negotiate the terms of the option period. This is actually a feasibility period where you get in people to evaluate the house and the construction and based on their findings you might either renegotiate the price or can even terminate the contract.

The option period protects the buyer

During the option period, the seller cannot enter into a contract with anyone else. The most important point to note is that the buyer has the complete right to terminate the contract even without any valid reason. The Earnest Money paid in at the time of signing the contract gets fully refunded. However, the option fee is not refundable, though if the deal is gone through with then it can be deducted from the final cost. During this period the homebuyer generally gets the home inspected with regards to architectural, foundation, roofing, plumbing, electric, pests etc. 

Major points of the option period


·         Buyer must pay the option fee to the seller within 3 days of the contract being signed

·         The option period is generally between 5 to 1o days.

·         The option period is based on calendar days and starts on the next business day after signing the contract.

·         The option fee in Austin is usually about $100 or $200. However, sometimes it can go up to $5000 depending on the cost of the home you are purchasing or the negotiation terms

·         While the Buyer can cancel the contract during the option period, the Seller cannot cancel the contract.

·         The option fee must always be paid by check and must be signed in the contract by the Seller or by the Seller’s agent.

·         The option fee is not refundable to the Buyer on termination of agreement.

The option to terminate the agreement gets over at 5pm local time of the agreed on the day. This revision has come into effect on Jan 1, 2016, by the Texas Real Estate Commission.

The option period can be mutually extended

Extensive case law in Texas suggests that an additional termination-option fee must be paid by the Buyer if the option period is to be extended for an agreed- upon the number of days. The additional fee cannot be a symbolic $1 as this would not satisfy legal requirements.
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