An option period gives the buyer a specific amount of time to have the property inspected and decide if they will continue with the purchase. If the buyer terminates the contract, the seller can often keep the earnest money. Oops! Another point of security is that the seller cannot make any other deals during the option period. Learn About the Benefits of Owning a Home Versus Renting, HOME BUYING 101|Sep 23, 2020 12:00:00 PM|by radius financial group. 6 of the Top We Buy Houses for Cash Companies in Kissimmee, What to Do When You Cant Afford Home Repairs and Need Help, 18 House Hunting Tips From Real Estate Experts, 5 of the Top We Buy Houses for Cash Companies in Amarillo, terminate the sale at any point during the allotted time, "5 Steps to Optimize Your Home Buyers Option Period," Stonebriar Property Inspections (June 2021), "Option Period," Legacy Texas Title (May 2021), "What is an Option Fee in Real Estate?," Close Concierge (July 2021), "Hot Markets, Cool Practices," Texas Real Estate Center (August 2021), "How to Deal With Inspection Reports Provided to a Seller," Texas Real Estate Commission (May 2019), Final negotiated terms between buyer and seller. Header Image Source: (Jeremy Doddridge / Unsplash). The Austin area is known for its live music scene as well as many parks and lakes ideal for hiking and exploring. The buyer must make a decision no later than 5pm local time of the property. Communication. When you write a contract to purchase a home in in Texas, you can buy an option period (usually 7-10 days, negotiable) from the seller for $200-$400 (negotiable) that gives you the irrevocable privilege to back out of the sales contract for any reason, and still receive your 1 percent earnest money back. If you purchased a home in Texas then youre familiar with the Texas real estate contract option period. That the lot appraise at the purchase price (if you are buying cash) When a buyer submits an offer on a home they can request an option period in exchange for a dollar amount. In certain cases the buyer can negotiate with the seller to extend the Option Period. Sellers usually favor offers with a good faith deposit because they do not want to waste their time with a deal that falls through. If for some reason you need to extend the option period, youll pay an additional fee. The termination option ends at 5 p.m. local time to where the property is located. If a buyer backs out of a contract without a valid reason, the seller can keep the earnest money. Remember that earnest money is credited toward closing costs and the down payment at closing. On the contract is an option period that allows you time to schedule an inspection. These factors include: The greatest determiner of the option period and fee is market status a buyer might need to aim for a shorter option period in a sellers market. As mentioned, the option starts the day after the contract is executed and ends on the date specified in the contract. Heres why: Option periods are baked into residential real estate contracts in Texas for a number of reasons. If the deal falls through for any reason, who gets the earnest money will depend on the provisions of the contract. Ideally, you want to have the home thoroughly inspected and the purchase contract reviewed by a real estate attorney before you sign anything. As an experienced professional, theyll use their knowledge to help you avoid any major missteps., Home appraisals are typically ordered by your mortgage lender. The typical option fee in Texas is $100 with a 7- to 10-day option period. In this example, because Day 3 is a Sunday, the deadline is Monday. Option periods delay sellers from achieving that goal, so a seller is typically motivated to shorten the length of the option period (or eliminate it altogether). A typical fee ranges between $100 and $500+, determined by the market and negotiated terms, and is due three days after the contracts start date. The length of the option period is negotiable and it may be as short as 5 days. To ensure the extension of the option period is valid, be sure to include an amount the buyer has paid seller for the additional option fee. The length of the option period and the option fee are negotiable between the buyer and the seller. (Option fees typically range from $100-$500. All photos, images, and videos on this website are copyrighted and may not be downloaded or reused without the written permission of Sheila Cox. My buyer client is on the eighth day of his 10-day termination-option period, and the seller still hasnt turned on the utilities to allow the buyer to have the property inspected. Theyll help you understand any concerns or necessary repairs so you can address them with the seller before finalizing your purchase contract., Buying a home is a huge investment and your home inspector is an invaluable member of your team. Will the buyer have to pay another option fee even though the extension is because the seller breached the contract? In the state of Texas, an option period allows a buyer to get these details before making the final choice. Once the offer is accepted, Homeward conducts a, You buy back the home from Homeward once your new mortgage is ready. There are over 100 tasks that I perform for you during the purchasing process. This inspection period, also known as the option period, typically lasts anywhere between 5 and 10 days. While Texas REALTORS has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, Texas REALTORS makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here. Note that the inspection contingency is frequently waived in hot markets. The buyer may back out of the purchase of the home. Take a look at a sample House Report that I do for my clients. How Much Does It Cost to Build a House in 2023? Typically in this period the home buyer will coordinate for a thorough home inspection and any other inspections they like. Excess screen time can lead to exhaustion and stress. Once the seller accepts your offer, they take their home off the market and do not entertain other offers. Plus, my proprietary House Report (see sample) includes the data and information you need to ensure that you are making great home purchase. Once it is received, the earnest money will be released back to the buyer. Thebuyer may decide to exercise their right to terminate if they are not satisfied with the condition of the property after receiving the report(s). Rachel Leigh Gross is a freelance writer and editor based in Providence, Rhode Island. If you're a homebuyer interested in learning more about becoming a cash buyer, schedule an appointment with a Homeward Advisor here. Generally, the option provides the buyer time to do their due diligence on the property. An option period is a contractual term that gives the buyer an agreed-upon period to weigh their options before making a binding decision. In Texas, a typical option period is around 10 days and the typical option fee is about $10.00 to $30.00 per day. Utilize an agents expertise in negotiation, offer a short option period, and up your option fee. Amanda operates under the brokerage of Coldwell Banker Realty. The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. If your client wants his back-up contract to last until or beyond the first contract's closing date, you can also ask the listing agent to provide the first contract's closing date. For instance, putting $0 in the blank may risk the extension being held unenforceable. This is the extra due diligence I do for you, to make sure that you are getting a great home. All the Sugar Land Real Estate Market Stats You Need To Know the Best Price for Your Sugar Land Home (Since Tax Appraised Values Do NOT Equal Market Value in Texas!) I will help you narrow your options and find the best neighborhood for you based on your specifications. How long will it take to pay off my credit card? Share insights and experience. They support agents by taking time-consuming, detail-specific, and deadline-oriented tasks related to contracts off of their plates. Bacak explains, The more option money you put down, the better as it shows the seller youre invested and wont terminate.. In most places, you should put down a percentage. (Read client testimonials), Local Area ExpertiseThis isnt just my businessits where I work and live (for 20 years) so I really know the area. Its the last day of my buyers option period. An option period favors the buyer much more than the seller. It provides security for the buyer by giving you the chance to terminate the purchase contract for any reason whatsoever without risking your good faith deposit. Phone: (832) 779-2890. Once it is received, the earnest money will be released back to the buyer. Yes, a Texas real estate contract is still valid even if earnest money is not required or if the buyer has not made the deposit. Youll want to strike a balance by making sure you have enough time to get the information you need, while also finalizing the deal as soon as possible to give the seller the certainty they crave. When youre buying a home, zip your wallet! Candid AdviceI promise to give you candid advice on all homes and areas so you can make the best decisions. Ready to save time on paperwork, ensure transactions close smoothly, and deliver the best experience to your clients? This is when I triple check taxes, schools, aerial maps, sex offenders in the area, flood zones, etc. In most areas of the state, 1% of the purchase price or $500 is normal. If a third party such as the buyers agent deposits the funds on behalf of the buyer, Texas escrow rules require they sign a Third Party Deposit form. If the inspection is completed within the option period, the buyer can walk away without penalty. I'm a home buyer considering using Homeward, I'm a real estate agent representing a customer, a typical option period is between one and two weeks long, assess the fair market value of your potential home, Affiliated Business Arrangement Disclosure. Earnest money contracts are also called option contracts for this reason. Use TRECs Amendment to the contract (TAR 1903, TREC 39-8) and fill in an amount acceptable to both parties in Paragraph 6. An option period is a portion of time, agreed upon between buyer and seller, which permits the buyer to think on a purchase decision. Depending on the local market conditions and norms, the average earnest money amount may be a flat amount such as $500 to $2,000 or a percentage of the purchase price, usually 1% to 2%. Its a sign of good faith that a buyer intends to follow through with their offer and purchase the property. . c. You will not post content or take any action on our blog posts that infringes someone elses rights or otherwise violates the law. In hotter markets like Austin and its suburbs, earnest money amounts of $3000, $5000 and more are not uncommon. The Option Period is an important part of a real estate transaction in the state of Texas. What is a Kick-Out Clause, and How Can You Avoid It? I am the local neighborhood expert who can give you a professional and accurate Current Market Analysis (CMA) to tell you what your Sugar Land home is worth today. For example, if the contract effective date is March 1, the option fee must be paid by 11:59 p.m. March 4. This lets us know how we can best help get your client started with Homeward. Other states use different terminology to refer to this period of time: Once the option period takes effect, the home's status changes from "active" to "option pending." Ready to save time on paperwork, ensure transactions close smoothly, and deliver the best experience to your clients? a. For real estate agents and transaction coordinators, its one of many details to oversee that can delay closing or even cause a deal to fall apart. Being careful with your offer is crucial in a hot market, and the option period gives you the space to reflect on one of lifes greatest decisions. . Requires consideration - a non-refundable fee paid to the seller called the Option Fee. This low fee is paid to have an option period during which you can enter the property, perform due diligence, and have the home inspected. The buyer can request this form be signed if they wish to back out with cause or if the seller has defaulted on the contract. But for those who terminate, they only lose the option fee. This good faith deposit is a lot like getting pre-approved for a mortgage before making an offer on a home it reassures the seller they arent wasting their time. The Option Period in Texas is a specified number of days set forth in a real estate contract which allows the buyer to terminate the contract for any reason. Before inspections, you may fear the state of the home or the sellers willingness to negotiate repairs if the home needs serious work. Im your transaction manager and will guide you, step-by-step, through the process so you never miss an important deadline. An option period is a short window of time after your offer is accepted during which you take a closer look at your new home.If you find red flags or major issues during the option period, you can terminate the purchase and get your earnest money deposit (EMD) back from the seller. During this time period, a home buyer will want to complete any desired home inspections (general, architectural, foundation, pest, etc.). The option period begins the day after the contract is signed, and both buyer and seller are contractually obligated to carry out those terms. After closing on a house in Texas, the earnest money is generally credited toward the purchase of the home. If you waived this contingency, you will need to surrender the deposit if you cannot fulfill the contract due to financing. After the inspection, your home inspector will issue a detailed report on the condition of your new home. Agents Compete, You Win. Texas REALTORS provides content through various online platforms, including this blog. In most markets, you would put down $1,000 to $4,200 in earnest money. require longer option periods. This is the same deadline as the earnest money deposit. This lets us know which side of the homebuying process youre on, so we can help you get started with Homeward. A typical fee ranges between $100 and $500+, determined by the market and negotiated terms, and is due three days after the contract's start date. Here are some tips on how to take a break from technology so. Youre able to make a more competitive offer with confidence.. and delivered to the title company. Buyers typically use this time to have the home inspected to make sure theres nothing substantially wrong with the property before they commit to the purchase. DOWNLOAD While there is not a set duration for the option period, typically they range from 7-10 days on average. (Heres a list of home inspectors.) This requires paying a small option fee. Wire transfer fraud is a growing problem that can be hard to spot! When does the option period start? Heres what agents and buyers need to know about earnest money in Texas including guidelines on the typical Texas earnest money amount and when it must be deposited. If not, they'll face little to no penalty, says Katie Collins, Customer Experience Manager at Homeward. Other states use different terminology to refer to a similar period of time typically used for inspections and other contingencies: In many states, contingencies are taken care of before the purchase contracts are signed, which negates the need for a formal option period. It means you can back out of the purchase if youve discovered something ugly or move forward with a home thats been held for you during your decision-making. Well, that angst multiplies 10 times when committing to a home purchase, and youll need extra time (and extra details) to feel confident in your decision. At the end of the Option Period (and the timing is very strict) you can do one of the following: Make sure you hire a real estate agent who knows how to properly handle Option Periods and protect your money. But dont be confused the fee is also a win for buyers whether or not they back out! The number of days set forth for the option period is negotiable, but typically, anywhere between 1 and 10 days. Buyers should make the most of the period and take every opportunity they can to solidify their decision to buy or terminate. Thinking about buying or selling real estate? Ends at 5 p.m. local time. It provides security for the buyer by giving you the chance to terminate the purchase contract for any reason whatsoever without risking your good faith deposit. You should contact an attorney or licensed CPA to obtain advice with respect to any particular issue or problem. is money put down as a deposit with a Texas real estate purchase agreement. For a seller, the goal is usually to lock in the best offer on their property as soon as possible. Sellers are free to reject offers that include option periods or to make counter offers without option periods. The agreed-upon option fee must be paid by the third day of the option period. As of January 2016 the option period time ends at 5 p.m. on the final day of the period. You may be unfamiliar with the term option period, which is understandable as the phrase is specific to the Lone Star State. I help with price analysis and negotiations, legal paperwork, inspections, repair negotiations, home warranties, HOA compliance inspections, hazard insurance, surveys, appraisals, title commitment, home warranties, and more. Earnest money is money put down as a deposit with a Texas real estate purchase agreement. from Transactly who will handle all the paperwork and deadlines for you for a low flat fee! I wont ignore potential defects that can cost you money, or effect your resale value, in the future. Earnest money in Texas is a seemingly simple line item, but failure to meet specific deadlines can easily cause a deal to fall apart or worse lead to a buyer losing their earnest money or even facing damages. Please limit your comment to 500 characters. If your client's ability to perform under a contract (i.e., close the transaction) is contingent upon the closing of another property, the Addendum for Sale of Other Property by Buyer (TAR 1908, TREC 10-6) should be made part of the contract. If you buy an Option period, it begins the day the contract is executed (signed and acknowledged by all parties). Free shipping for many products! Transactly Now Affiliated With eXp Realty ST. LOUIS, Mo. The earnest money will be returned to the buyer, but the option fee is forfeited to the seller. This includes weekends and holidays. Some back-up buyers may want to have their contract terminate within days if the first contract doesn't terminate early, while others may want to retain their back-upcontract rights until after the last possible date that the first contract might close. While this period can last anywhere from a few days to a few weeks, Redfin reports that a typical option period is between one and two weeks long.. When calculating deadlines for my buyer in the One to Four Family Residential Contract (Resale), should I include weekend days or federal holidays? Understanding the contractual elements in a real estate transaction is important to protect yourself and your investment. Earnest money is one of many important aspects of a Texas real estate transaction. What happens if buyer does not deposit earnest money? Starts at the beginning of the purchase contract period Requires consideration - a non-refundable fee paid to the seller called the Option Fee. I'm always here to help! This is because it offers the buyers the security of being able to back out after signing the purchase contract. If you have questions or issues with accessibility, please contact us. d. You will not post any information intended to sell or advertise a business, product, or service. In this case, the buyers earnest money is refunded, even after the option period. How do I determine the last day to terminate under my clients 10-day option period in the One to Four Family Residential Contract (Resale)? This is the same deadline as the earnest money deposit. Whichever name is used, know that its referring to the same thing: a finite period of time designed to give you peace of mind as a homebuyer. The option period ends at 5 pm central standard time on the last day of the option period. Its unique in a sense that my out-of-state buyers ask about it more than anything else. Shipping speed. During the Option Period, the property will be removed from 'Active" status and placed in "Option Pending" status in the MLS (Multiple Listing Service). It works the same way with either program:, Traditionally, homebuyers have had to choose between moving quickly and having peace of mind. The Texas Real Estate Commission revised its contracts effective January 1, 2016, to implement this time deadline. Here's What To Know. I hope this answered your question- "What is the Option Period in Texas?" Like (5) Dislike. An option fee is a small percentage of the total cost of a home, rarely exceeding $500. What Does Contingent Mean In Real Estate? However, this doesnt spell the end of your dream home journey. In summary, the Option period gives you time to have the home thoroughly inspected and find any defects that you cannot live with. The termination option ends at 5 p.m. local time to where the property is located. Equal Housing Opportunity Disclaimer: All information on this site is subject to change and should be independently verified. Both the option periods fee and duration are negotiable. Your agent will deliver both checks to the appropriate party and get a written receipt for proof, within 3 days of executing the contract. However, its usually expected by sellers and an offer may not be accepted without it, especially if there are multiple offers. TREC and TAR contracts use calendar days, not business days. However, the transaction is in an option period, or inspection period. If the buyer in this situation chooses to request an extension of the termination-option period instead of exercising the default remedies available to him in the contract, then he must agree to offer something of value as consideration to the seller to ensure that the extension is legally enforceable. A home purchase isnt something you want to rush into. The property will be placed in OP (option pending) status in the MLS. Texas escrow law does not require earnest money and a contract is valid without it. The Option Fee must be delivered no later than 11:59 p.m. on the third day after the effective date of the contract. . Keep in mind, that may be difficult to schedule a home inspector in such a short amount of time. The buyer can take advantage of this option to complete a few checks for their peace of mind. The option period and fee are finalized in the purchase contract terms of the sale. for residential purchases to clarify when does earnest money need to be deposited. Your submission has been received! The buyer must submit the TREC Release of Earnest Money form with the contract termination. If neither are willing or able to do this, the contract can usually be terminated under the standard property approval contingency which requires the lender accept the property and its appraisal. If the transaction doesnt close and the deal falls through, do you get your earnest money back? Madeline Sheen is an associate editor for HomeLight who works with an amazing team of experts in home buying, personal finance, and mortgage to create articles for HomeLights Buyer Resource Center. In addition, if you find any defects that you cannot live with, then you must negotiate the repairs, or change in price, before the end of the Option period. For example, if your clients effective date is January 22 with a 10-day option period, the option period will end on February 1. Very important! Option period can be extended, but generally these are due to other factors. But that gives me pause as an agent because its very risky, Bacak shares. Unfortunately, if youre trying to buy a home in a competitive real estate market, you may have to forfeit your request for things like a home inspection if you want a seller to accept your offer. 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