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  • How to Extend an Option Period

How to Extend an Option Period

August 14, 2018 | Texas REALTORS® Staff

It’s the last day of my buyer’s option period. The buyer and seller are still negotiating repairs and want to extend the option period. How do we do that?

Use TREC’s Amendment to the contract (TXR 1903, TREC 39-8) and fill in an amount acceptable to both parties in Paragraph 6. 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. Leaving it blank or putting zero dollars may lead to an unenforceable amendment.

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Kristine BizalCathy Ann DanielsJan Dunham MastersDeanne WagnerMargaret Recent comment authors
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Kimberly
Guest
Kimberly

So…as a rule, there should Always be an amount????

Reply
4 years ago
Taylor
Guest
Taylor

Always.

Reply
2 years ago
Tom Allen
Guest
Tom Allen

But what if the seller specifically agrees to $0? Option fees are negotiable so why can’t we negotiate $0 if both parties are in agreement?

Reply
4 years ago
Ella Spackman
Guest
Ella Spackman

You could probably just enter in $1.00, or some small figure.

Reply
4 years ago
Marcie
Guest
Marcie

While putting a dollar amount might not seem logical, attorneys tell us that “valuable consideration” is legally important here, to be sure the contract is enforceable. I wouldn’t take the risk of ignoring that and putting my client at risk. Many years ago, $1 was sufficient. My firm’s compliance officer recommends $10 in today’s dollars.

Reply
4 years ago
Tom Polk
Guest
Tom Polk

Many sellers don’t want to lose a buyer over a few days. It would be of value to them for the buyer to continue with the contract. I’d even bet some sellers would actually pay the buyer $10 just to stay in the contract. Then “valuable consideration” paid by buyer would be $-10.00. It would seem the task here is to determine what the seller would accept as “valuable consideration.” You can suggest some “valuable consideration”, get the listing agent to confirm in an email that it’s acceptable to Seller, and put that in an amendment. If the listing agent… Read more »

Reply
4 years ago
Eric Holmes
Guest
Eric Holmes

It all goes back to consideration:
https://dictionary.law.com/Default.aspx?selected=305

The consideration for the additional time is the monetary amount. $0 means zero consideration.

Reply
4 years ago
Tom Polk
Guest
Tom Polk

An attorney told me “valuable consideration” doesn’t have to be money, just something valuable to the seller. For example, the buyer agreeing to continue with the transaction may be valuable to the seller, but that would need to be confirmed.

Reply
4 years ago
steven
Guest
steven

You are trying to make your contract solid and make sure it stands up to a courts scrutiny. You can put nothing or 0 or $1.00, but if things go sideways your contract or your amendment will be ruled invalid should you actually go to court over a problem. This also means you would lose in Arbitration and be shown as the defaulting party.

Reply
4 years ago
MANUEL SAUCEDO
Guest
MANUEL SAUCEDO

Should there be an additional box on page 10 stating the amount and receipt for this

Reply
4 years ago
Mitch Rainey
Guest
Mitch Rainey

The amendment also states the “Buyer has paid Seller an additional Option fee” Seller should receive the payment with or before the amendment.

Reply
4 years ago
Ivy Boland
Guest
Ivy Boland

THATS A GOOD QUESTION, and there is nothing anywhere which clarity’s when it gets paid. I can only assume since it states the buyer has paid (past tense) it means that its paid along with the signing of the Amendment.

Reply
3 years ago
Daniel Fainshtein
Guest
Daniel Fainshtein

Simply put, it’s another nonsensical answer by TAR. Local, state, & national real estate entities always say that EVERYTHING is negotiable, but apparently to extend an option period there “MUST” be at least $1 based on what they say…? Makes absolutely no sense! if both parties agree to extend the option period without anymore money being exchanged it’s their choice because EVERYTHING is negotiable!

Reply
4 years ago
Marcie
Guest
Marcie

While putting a dollar amount might not seem logical, attorneys tell us that “valuable consideration” is legally important here, to be sure the contract is enforceable. I wouldn’t take the risk of ignoring that and putting my client at risk of having to buy a home as is. Many years ago, $1 was sufficient. My firm’s compliance officer recommends $10 in today’s dollars.

Reply
4 years ago
Rick DeVoss
Guest
Rick DeVoss

The answer given by TAR was from a member of the “staff.” ~How about we get a definitive answer from an Attorney…?

Here is the real point: We are not talking about creating a “new” Option Period; we are talking about amending the date (term) of the original Option Period. “Consideration” was given to the seller when the original fee was paid. Changing the end date of the Option Period is simply a modification of the terms of the contract …And that is what an amendment does…..

Reply
4 years ago
Texas REALTORS® Staff
Author
Texas REALTORS® Staff

All legal information published by the association, such as this post, is reviewed by at least one TAR attorney prior to publication.

Reply
4 years ago
Rick DeVoss
Guest
Rick DeVoss

Let’s make the point even more clear:

What if the original Option Period has expired, …and the parties wish to create a second Option Period…? The buyer and seller can agree to start another Option Period in the middle of the contract, and then the buyer would have to give the seller some “consideration” for that option. …And then you would need a second ‘receipt’ for the option fee …which is not provided for on the contract, and, Yes, it would be an amendment to the original contract.

Reply
4 years ago
Darla Dudley, Broker
Guest
Darla Dudley, Broker

This is just going to muddy the waters of the contract and give cause for more revisions to be made. Option fee has to be “receipted” and the contract says within 3 days after the Effective Date. The Amendment does not distinguish any difference in the additional option fee and the original option fee so the same time frame and receipting applies. I understand this in commercial and even land contracts where the option or feasibility periods are much longer and the option fees are usually larger but this is ridiculous in the 1-4 Res contracts . It should just… Read more »

Reply
4 years ago
Rod Macdonald
Guest
Rod Macdonald

Situation just occurred. Buyer had a 7 day option period for $100. Buyer had inspections done and requested an expert opinion (structural inspection) and repair if needed. Seller was unable to obtain the 2nd opinion prior to the buyer’s option period expiring. Seller requested an extension of the option period. In this case, it was very awkward to ask the buyers for additional consideration when the sellers were making the request to extend. Ultimately it was extended with zero consideration. I’d appreciate a legal opinion.

Reply
4 years ago
Texas REALTORS® Staff
Author
Texas REALTORS® Staff

For an answer about your specific situation, please call the TAR Legal Hotline at 800-873-9155. Although TAR attorneys review every legal item published on this website–and often monitor the comments–they do not answer questions in the comments or via email.

Reply
4 years ago
Tom Polk
Guest
Tom Polk

Seller didn’t want to lose the buyer. So what would have happened if the agents stood the TAR and compliance officer’s ground and told the parties that option fee had to be at least $10? Who would have paid the $10? If buyer refused, would seller have been willing to give the buyers ten bucks to extend? If that would be ok with buyers, then “valuable consideration” would indeed be $-10.00. Yes, negative ten dollars. Go figure!

Reply
4 years ago
Stuart Scholer
Guest
Stuart Scholer

So what’s it goin to be… semantics… or protect your Buyer’s right to the Option? If you want to make sure you will be considered a competent Agent then you better deliver $10 to the Seller. If I have to deliver the fee myself then I just pay the $10 out of my pocket. Can’t buy anything else with it anyway.

Reply
4 years ago
steven
Guest
steven

The first time you end up in court will teach you why you need to use appropriate consideration. $ 0 and $1 dollar won’t cut it

Reply
4 years ago
Nancy Lukken
Guest
Nancy Lukken

What is the correct way to receipt the additional option fee?

Reply
3 years ago
Travis
Guest
Travis

Very good question Nancy. The wording indicates Seller has received the amount noted in the blank, so apparently the Amendment itself serves is a receipt.

Reply
3 years ago
Jung
Guest
Jung

Hello, we are buying a house and under contract. we have completed signed house contract and it has been since April 1st. But per selling agent, the seller’s daughter who said she is the her father’s power of attorney, tried to cancel the contract due to her father is in stage not capable to make any kind of decisions his own. But we have not received any written letter on the cancel the contract from seller’s side. But her brothers said that her father does not have any problems to make decisions his own. They ask us to extend option… Read more »

Reply
2 years ago
Sharon Worthy
Guest
Sharon Worthy

What amount can be put for extending option period? Is $1.00 OK? Should it be more?

Reply
2 years ago
Gil
Guest
Gil

Just tried to call the legal hotline and they apparently closed 13 min early on a Friday 😞

Anyway, here’s what I want to know. What if I were to extend the option period by executing an amendment that says “The Option Period described in paragraph 22 is changed to [x] days”?

Why wouldn’t that hold-up in court?

Reply
2 years ago
Brad Hughes
Guest
Brad Hughes

I get the value and consideration piece but all of the other terms of the contract can be amended without having to provide additional consideration ($$) so it does not make a lot of sense that this piece is the only one needing $$. From a seller perspective, it might make sense for them to extend the unrestricted right to terminate to be compensated for that perhaps.

Reply
2 years ago
Margaret
Guest
Margaret

Can you extend the option period prior to the last day of the option period? I’m no able to load the amendment form and the option period ends in 3 days.

Reply
11 months ago
Deanne Wagner
Guest
Deanne Wagner

I always make sure to extend before it expires, which is at 5pm on expiration day I believe. No reason not to do it early if you know you are going to need the time.

Reply
11 months ago
Jan Dunham Masters
Guest
Jan Dunham Masters

Our opinion extended by two days for 10.00,
Where do I take the 10.00?

Reply
9 months ago
Cathy Ann Daniels
Guest
Cathy Ann Daniels

Directly to the seller.

Reply
8 months ago
Kristine Bizal
Guest
Kristine Bizal

Couple Questions:
What if the buyers and sellers cannot agree to request for repairs during option period and there’s no extension in place?
What if the sellers don’t sign request for repairs amendment and option period has past by one day, with no extension in place. Is the buyer out earnest money if buyers chooses to cancel?

Thank you!

Reply
2 months ago

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