In Texas we have a “termination option” clause in our real estate contract that you will want to understand. This clause allows buyers and sellers to negotiate a specified time during which the buyer can fully evaluate the house. For this right, they buyer pays the seller a nonrefundable “option fee”. Your option period is typically that period of time where you do your home inspections however you can back out for any reason during this option period.
Everything is negotiable but usually you will have put $100 (plus or minus) down for a 5 to 10 day option period. (These are not business days so time is of the essence.) This option period gives you the time to do your home inspections however as I said you can opt out for any reason during this period and you will only lose your option fee; your earnest money will be refunded. Typically a seller will allow you 10 days but that time can vary.
This option period starts once you have finished negotiations and all parties have signed the contract; you now have a fully executed contract. Prior to this it was called an offer but you are now under a legally binding contract. The option period starts counting the day after the contract is fully executed by all parties.
Foreclosures typically don not ask for an option fee but give you 5 to 10 days to inspect the property. For foreclosures only this is often written in special provisions and it is usually addressed in the foreclosure addendum’s. I have found that many foreclosures only allow 5 to 7 days. These are not business days; time is of the essence and strict compliance with the time for performance is required. I know that does not sound like many days but inspector’s are use to being on this short notice and I have never had a problem with getting inspections done during that period.
If the inspections uncover more than you bargained for this is the time to back out. Actually you can back out for any reason during this option period and the only money you will lose is the money you put down for the option and the cost of your inspections. The earnest money will be returned to you in full as long as you provide the owner a termination letter in the agreed upon days. Again time is of the essence!
I have heard from clients that there are states where the only ramification of backing out at any time during the process is losing your earnest money but that is not the case in Texas. In Texas you will usually lose your earnest money and you also may be sued for specific performance. In my experience most seller’s will just move on but they do have the option of suing. Long story short the time to back out if you are so inclined is during the option period.
I have lived in four states and each state has handled the home inspection process in a different manner. Personally I like this process the best of those I have come across.
For all your Spring/Tomball TX Real Estate needs, contact me today!
Marchel Peterson
Results Realty
Cell: 832-721-8332











I often get request asking to be set up for home searches for subdivisions that do not have homeowner’s associations. Since we don’t have zoning in the Houston area when there is not a Home Owners Association there is usually also no deed restrictions. With no deed restrictions you tend to get a little bit of everything. I took some pictures in a subdivision in Spring that has no deed restrictions. I have always called the subdivision the Vegetable Patch as the streets are named such things as Carrot, Turnip and Tomato. The actual name of the subdivision is Farmette Meadows.
I took these pictures on Carrot street and as you drive along the street you might see cars on Cinder blocks, trailers in front of house, businesses etc. If you are going to open a business this is the perfect place for you. If you are looking for a subdivision where you want similar types of property this might not be the best place.
I lived in 3 states prior to moving here and almost fell off my chair when I was in real estate school and learned that Houston DID NOT HAVE ZONING!! With no zoning you are really dependent upon home owners associations and deed restrictions to maintain your property values. When you don’t have an HOA this is an example of what you get.
unresticted area. When he bought the house a nice house was next door. Shortly after they moved in the nice house next door was sold and the new owner decided to open a junk yard. Like I said earlier if you have a business a subdivision with no zoning might be the place you want to be but if not this is probably not be where you want to be.


