Depending on the option chosen in Paragraph A of the Addendum for Property Subject to Mandatory Membership in A Property Owners Association (TXR 1922), a buyer may be able to terminate the contract within three days after the buyer receives the subdivision information (or until closing if closing occurs in fewer than three days). Some options in Paragraph A also stipulate that if a buyer does not receive the subdivision information at all, the buyer may terminate the contract at any time prior to closing. In either situation, the earnest money will be refunded to the buyer.
To protect sellers against lengthy periods when buyers can terminate based on this paragraph, agents can counsel their sellers to order the property owners association documents immediately after taking a listing. Doing so ensures the documents are received quickly, as procuring them can often take some time. Getting the documents quickly also lines up the buyer’s right to terminate after receiving the documents with the buyer’s option period. Even if a buyer forgoes an option period, having the property owners association documents on hand at the time of the contract execution will limit the buyer to three days in which to terminate and avoid a situation where a buyer has the right to terminate up until the closing.