2026-10-20 · 6 min read · Frisco
What Is the Option Period When You Buy a Home in Frisco, Texas?

What is the option period when you buy a home in Frisco, Texas?
It is a block of days, written into the contract, when the buyer can end the deal for any reason by giving the seller written notice. Many buyers in Frisco, Texas use those days to schedule inspections and decide whether to move forward. The number of days and the price of the right are both negotiated, so they change from one contract to the next.
I'm Omega Mejia, a real estate agent with Simply Great Real Estate Group. This post covers how the option period works in the Texas Real Estate Commission contract, the deadlines that trip people up and what to decide before you write an offer. The short answer lives in my FAQ.
How does the termination option work?
The Texas Real Estate Commission promulgates the standard resale contract, the One to Four Family Residential Contract (Resale), form 20-19, which TREC lists as effective July 1, 2026. Paragraph 5 of that form calls this right the termination option. The seller grants the buyer the unrestricted right to terminate the contract by giving notice of termination within a number of days after the Effective Date. That number is a blank the buyer and seller fill in.
The form says notice must be given by 5:00 p.m., local time where the property is located, by the date specified. If the buyer gives notice in time, the earnest money is refunded to the buyer. The option fee is not. That is the trade: the fee pays for the right to walk away.
Using the option period well takes planning. Many buyers schedule a general home inspection in the first days, then add specialists such as a foundation, roof, HVAC, plumbing or sewer line inspector if the first report points to a concern. The reports arrive with time left, so there is room to ask the seller for repairs or credits, or to decide to end the contract. I explain what each report means in plain words, and I tell you which findings I think matter most for the price and for the years ahead.
What is the option fee, and where does it go?
The option fee is a separate payment from earnest money. The form says the buyer must deliver both to the escrow agent within 3 days after the Effective Date, and the dollar amount of the fee is another blank to fill in. The escrow agent may release the option fee to the seller at any time, and if the buyer closes, the form says the option fee is credited to the sales price at closing.
So the fee is not an added cost if the deal goes through, and it is not refunded if you use the option to terminate. I walk buyers through that before they sign, because the amount is a negotiation point like any other term. Your lender and the title company can confirm how the fee shows up in your closing paperwork.
What happens if a deadline is missed?
The form is strict. If no dollar amount is stated as the option fee, or if the buyer does not deliver the fee within the time required, the buyer does not have the unrestricted right to terminate under that paragraph. The form also says time is of the essence for the paragraph and that strict compliance with the time for performance is required.
In plain terms, a missed delivery or a late notice can cost you the right you thought you had. If the last day falls on a Saturday, Sunday or legal holiday, the form extends the delivery deadline to the next day that is not one. Put the dates on your calendar the day the contract is signed, and keep proof of when your notice was delivered. For questions about terminating a contract, TREC points people to a private attorney.
What the option period does not do
It does not give you extra time on everything. Your financing deadlines, the survey, title review and the closing date run on their own clocks inside the contract, and the option period is only one of them. It also does not make the seller fix anything. Inspections show what is there; repairs are a separate negotiation, and the seller can say no.
It is also not free, and a longer period is not automatically better. A seller who has other offers may weigh a short option period or a larger fee as part of the full picture. I shape that part of the offer around what the seller needs, and I tell you where I think you have room to negotiate. My page on inspections and the option period shows the steps.
The option period is also a planning window. Use it to confirm your insurance quote for the address, check your lender's timeline and read the seller's disclosure notice. Your decision to move forward is easier when the inspection results, the insurance quote and the loan timeline are all in front of you before the last day. My post on why homeowners insurance matters before you buy shows what to ask.
What should you decide before you write the offer?
- Pick the number of days with your schedule in mind. Ask inspectors how soon they can come, then count from the Effective Date.
- Decide what you will pay for the right. The fee amount is negotiable, and the form credits it to the sales price if you close.
- Write down every deadline. The fee and earnest money are due within 3 days after the Effective Date, and notice is due by 5:00 p.m. on the date specified.
- Book inspections right away. Early appointments leave room to read the reports and decide.
- Ask how notice must be delivered. Confirm the method in the contract with your agent and keep proof of delivery.
If you are comparing a new build with a resale home, the clock works differently with a builder's own contract, so read my post on new construction or resale in Frisco before you decide.
What should Frisco buyers do next?
Before you tour, learn the steps from first look to keys. My buying process, making an offer and inspections and option period pages lay them out in order, and Frisco homes follow the same Texas contract rules as the rest of the state.
If you are a first-time buyer in Frisco and want to walk through the contract line by line before you make an offer, contact me and we will start with a buyer consultation on buying a home. If you have an offer in mind and a deadline close, contact me today.
This is general information about my approach, not legal, tax, financial or insurance advice. Confirm the current rules with your broker or the Texas Real Estate Commission.
Frequently asked questions
- How long is the option period in Texas?
- It is whatever number of days the buyer and seller write into the contract. The TREC form leaves the number blank, so it is a negotiated term.
- Do I get the option fee back if I terminate?
- No. Under the TREC form, if you give notice in time the option fee is not refunded, but your earnest money is refunded to you.
- What happens to the option fee if I close?
- The TREC form says the option fee is credited to the sales price at closing.
- What if I pay the option fee late?
- The form says a buyer who does not deliver the fee within the time required does not have the unrestricted right to terminate under that paragraph.

