Link to home page, or members home page if logged in as a member
For AEs
Governance Professional Standards Board Staff Education Resources Guest Speakers and Installations Communications Issues Mobilization and Political Advocacy Assessment TREPAC Resources FAQ
For Leaders
Committees Key Leadership Directory Resources Expense Reimbursement Learn to Lead Travel Policy Leadership Applications
About Us
Who We Are Leadership & Staff Outreach
Member Directory
REALTORS® and Appraisers Service Providers Local REALTOR® Associations Awards Careers Newsroom
Log in
For Buyers, Sellers, Renters
For REALTOR® Members
Legal & Ethics
Forms Blank Form Downloads zipForm Help Approved Form Vendors Form Changes Resources Legal Updates Legal FAQs Hotline: 512-480-8200 Legal Briefs Video Series Risk Management Resources Manuals and Guides Legal Fund Fair Housing for REALTORS® Ethics Code of Ethics Complaints Arbitration
Government Affairs
Political Affairs Political Affairs Resources Grassroots Election Programs Get Involved Legislative Affairs Positions Local Issues Program TREPAC What is TREPAC? TREPAC Awards Resources for TREPAC Leaders My TREPAC Level TREPAC Video Contest Winners
Education
Course Search My Education Designations and Certifications GRI – Graduate, REALTOR® Institute TACS – Texas Accredited Commercial Specialist TAHS – Texas Affordable Housing Specialist TRLS – Texas Residential Leasing Specialist TRPM – Texas Residential Property Manager TRRS- Texas Risk Reduction Specialist For Instructors
Specialties
Commercial Property Management Farm and Ranch Global Brokers and Managers
Research
MarketViewer
Real Estate Trends
Texas Relocation Report Texas Quarterly Housing Report Texas Homebuyers and Sellers Report Texas Small Land Sales Report Texas International Homebuyers Report Texas Condominium Sales Report Sales of Million-Dollar Homes in Texas Report Texas Remodel Valuation Report A Decade in Texas Real Estate Report Texas Homeselling Experience Report Profile Reports Buyers and Sellers Texas REALTORS® Member Profile
Benefits
Value of Membership Alphabetical List of Benefits Browse by Category Texas REALTORS® Stores Become a Benefits Partner
Events
All Events TX REALTORS® Events App 3-Year Meeting Calendar
Communications
Advice for REALTORS® Blog Texas REALTOR® Magazine Current Issue Read Texas REALTOR® Archives Contact the Editors Manage Your Magazine Subscription Manage Email Subscriptions Advertise With Us Write for Texas REALTORS®

For AEs
Governance Professional Standards Board Staff Education Resources Guest Speakers and Installations Communications Issues Mobilization and Political Advocacy Assessment TREPAC Resources FAQ
For Leaders
Committees Key Leadership Directory Resources Expense Reimbursement Learn to Lead Travel Policy Leadership Applications
About Us
Who We Are Leadership & Staff Outreach
Member Directory
REALTORS® and Appraisers Service Providers Local REALTOR® Associations Awards Careers Newsroom

Log in
  • Members
  • Communications
  • Advice for REALTORS®
  • Can the Seller Terminate the Contract Over Amendment Negotiations?

Can the Seller Terminate the Contract Over Amendment Negotiations?

July 26, 2018 | Texas REALTORS® Staff

After my buyer completed his inspection, he sent the seller an amendment to ask for several repairs. The seller responded with his own amendment that stated he would complete one of the requested repairs and that the contract would terminate if the buyer didn’t sign the amendment within 24 hours. Can the seller terminate the contract if the buyer doesn’t accept the amendment?

No. Even though a buyer or seller can propose an amendment to the contract at any time, merely proposing an amendment to a contract–or refusing to accept a proposed amendment–does not give either party a unilateral right to terminate an existing contract. The contract is only changed after the parties sign the amendment signifying their agreement. Without a fully executed amendment, the original contract remains in effect as written.

Keep in mind that if the buyer purchased a termination option that had not yet expired, the buyer could terminate the contract for any reason.

9
Leave a Reply

avatar
6 Comment threads
3 Thread replies
2 Followers
 
Most reacted comment
Hottest comment thread
8 Comment authors
TheodoraRochelle HarrisDallas FitzgeraldRandy YoonJeffrey Dean Recent comment authors
avatar
newest oldest
Tim Sweeney
Guest
Tim Sweeney

Yes Buyers can terminate for any reason or for no reason prior to the expiration of the option period.

Reply
6 years ago
Lenora (Sissie) Goff
Guest
Lenora (Sissie) Goff

This, to me, is one of the many things about our contracts that warrants a great conversation with your client, be they the Seller or the Buyer. In Texas, we are blessed with great contracts. Let’s do our jobs well by helping our clients understand they are legal and binding. Using an article like this is a good place to start when discussing things like repair amendments with either party.

Reply
6 years ago
Ida Samuels
Guest
Ida Samuels

Let me see if I understand this situation. The buyer proposes an amendment to the contract. The Seller counters ask for Buyer agreement in 24 hours. If Buyer does not agree if the Buyer does not terminate prior to the end of option period the original contract stands… Right?

Reply
6 years ago
Jeffrey Dean
Guest
Jeffrey Dean

That is what this scenario is proposing. The listing agent can prepare an amendment requesting those terms and present it to the buyer, but the buyer has no obligation to sign it and would need to find a new agent if their agent told them to. An amendment is exactly what it states – you are amending the original contract and additional repairs not requested on the original contract etc are negotiated during the option period. The seller does not have to do any of the requested repairs unless agreed to in an amendment, but the buyer has the unrestricted… Read more »

Reply
6 years ago
Dallas Fitzgerald
Guest
Dallas Fitzgerald

Correct. In your scenario, the original contract has not been changed.

Reply
6 years ago
Randy Yoon
Guest
Randy Yoon

I exactly faced same situation in past couple of days.
Buyer and seller have exchanged Amendment and counter Amendments.
Eventually, buyer terminated this deal one day prior to the end of option period because of his family issue.
Option period enables UNRESTRICTED right of the buyer to terminate the deal.

Reply
6 years ago
Rochelle Harris
Guest
Rochelle Harris

Correct It is a big purchase for the buyer not the seller.

Reply
6 years ago
Rochelle Harris
Guest
Rochelle Harris

It’s up to the buyer to go with it or not. The seller has offered the sale with some repairs the buyer can opted out of it not the seller .

Reply
6 years ago
Theodora
Guest
Theodora

What happens if the seller later discovers a discrepancy with the easement on the survey but the buyer refuses to agree to it? Is the buyer able to force the seller to continue with the sale based on the original survey that had the error?

Reply
4 years ago

Categories

  • Advice for REALTORS®
    • Association Business
    • Benefits
    • Business Tips
    • Commercial
    • Education
    • Ethics
    • Global
    • Governmental Affairs
    • Legal
    • Meetings
    • Property Management
    • Research
    • TREC
  • Current Topics
    • Buyers
    • Landlords
    • Renters
    • Sellers
  • Uncategorized

Tags

advertising advertising rules awards brokers business advice buyers Code of Ethics Commercial conference consumers contracts disclosure elections fair housing forms homebuyers homesellers Legal legal faq legislative affairs marketing marketviewer member benefits member value MLS NAR negotiation political affairs Property management renters Research rpr Seller's Disclosure sellers selling share this social media taxes technology tips tenants Texas Legislature texas realtor magazine TREC TREC rules webinar

Archives

  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
Legal Disclaimer

Texas REALTORS® provides content through various online platforms, including this blog. By interacting with any of our blog posts, you agree to comply with the following terms and conditions:

  • a. You will not post any defamatory, discriminatory, libelous, threatening, vulgar, sexually explicit, abusive, profane, rude, or obscene content (including comments);
  • b. You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and
  • c. You will not post content or take any action on our blog posts that infringes someone else’s rights or otherwise violates the law.
  • d. You will not post any information intended to sell or advertise a business, product, or service.

Texas REALTORS®, in its sole discretion, reserves the right to remove any content you have uploaded, posted, or submitted onto any of our blog posts if we believe that it violates these terms or conditions.

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. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

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. Any legal or other information found on this page or at other sites to which we link, should be verified before it is relied upon.

For Buyers, Sellers, Renters
For REALTOR® Members
Link to home page, or members home page if logged in as a member
Texas REALTORS® is committed to advocating for a strong real estate industry, advancing a culture of continued learning, and staying ahead of issues concerning members and their clients.
© 2025 Texas REALTORS®
Quick Links
About Us Contact Texas REALTORS® Privacy Policy Accessibility Newsroom Site Map Terms of Use Report a Problem
  • Default Label
  • Default Label
  • Default Label
  • Default Label
  • Default Label
  • Default Label

Uh Oh!

×
There's been an error!
wpDiscuz