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How the Texas Option Period Actually Works

The option period is the buyer's unrestricted right to walk away. It is also the most-missed deadline in Texas real estate.

The mechanics

For an agreed Option Fee, the seller grants the buyer the right to terminate for any reason within a stated number of days after the Effective Date (TREC 20-18 ¶5B). The fee and the earnest money are both due within 3 days after the Effective Date.

The two clocks are different — this is the trap

Delivering the money extends past weekends. If day 3 for delivering the earnest money or Option Fee lands on a Saturday, Sunday, or legal holiday, delivery rolls to the next business day (¶5A(2)).

The termination notice does not. The option period ends at 5:00 PM local time on its final day — weekend or not. Time is of the essence (¶5E). If day 7 is a Saturday, the notice is due Saturday by 5:00 PM.

No fee, no option

If no dollar amount is stated, or the buyer never delivers it, there is no unrestricted termination right at all (¶5D). An option period without a stated fee is an illusion.

Educational only — not legal advice. TREC forms are for use by trained license holders; talk to your broker or an attorney about your specific transaction.
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