contracts
Option Fee and Option Period (Texas)
In the TREC resale contract, the buyer pays an option fee in exchange for the unrestricted right to terminate by notice within a set number of days after the Effective Date, the option period. Earnest money and the option fee must be delivered to the escrow agent within 3 days after the Effective Date. If the buyer terminates on time, the seller keeps the option fee and the earnest money is refunded; at closing, the fee is credited to the price.
- Exam tip
- Late earnest money lets the seller terminate; a late option fee means the buyer simply has no option. 'Three days to pay; option fee stays.'
- Example
- Effective Date Monday, June 1 with a 7-day option: payments are due June 4 and the option ends June 8 at 5 p.m.; terminating June 7 returns $5,000 earnest money while the seller keeps the $300 fee.
Related terms & state variants
Sources
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Last verified: 2026-10-23