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How the Texas Option Period Works in Tomball

January 15, 2026

Buying a home in Tomball and keep hearing about the “option period”? It can feel like a mystery when you are trying to move fast on a house you love. You want protection while you inspect, but you also want a strong offer in a competitive market. In this guide, you will learn exactly how the Texas option period works, what it costs, how long it lasts, and how to use it to your advantage in Tomball. Let’s dive in.

What the option period is

The option period is a short, negotiated window in most Texas residential contracts that gives you an unrestricted right to terminate. If you deliver written notice to the seller before the option deadline, you can exit for any reason. This right exists because you pay an option fee, which is separate from your earnest money.

In Tomball, most contracts use the Texas One to Four Family Residential Contract form. The option period is not a law, it is a contract term. That means the length of the period, the fee amount, and all deadlines are negotiated and written into your contract.

Option fee vs. earnest money

It helps to separate two payments that serve different purposes:

  • Option fee: You pay this to the seller in exchange for the right to terminate during the option period. If you close, it is often credited to you at closing. If you terminate during the option period, you typically forfeit the option fee.
  • Earnest money: This is your good-faith deposit held by the title company or escrow agent. If you terminate properly during the option period, you usually receive your earnest money back, unless another contract term applies.

These funds follow different rules and are handled by different parties. Keep clear records of when and how each is paid.

When the clock starts and how to give notice

The option period begins on the contract’s effective date and runs for the number of days you negotiated. The contract defines how days are counted, so confirm the exact deadline and time it expires.

If you choose to terminate, you must deliver written notice before the deadline to the party specified in the contract, often the seller or the seller’s agent. Use a method that provides proof of delivery. Late notice can cost you your unrestricted right to terminate under the option provision.

Typical Tomball timelines and fees

In balanced markets around Tomball and the greater Houston area, option periods commonly run 5 to 10 calendar days. Option fees often fall in the low hundreds, such as 100 to 500 dollars. In more competitive conditions, sellers may ask for higher fees or shorter timeframes. These are common patterns, not rules. Every contract is negotiable.

What you do during the option period

Schedule inspections fast

The primary purpose of the option period is to inspect the property and decide how to proceed. Book your general home inspection right away, often within 24 to 72 hours of going under contract. If the inspector flags issues, you may need specialists, so leave time for follow-ups.

Common Tomball inspections

  • General home inspection for systems and structure
  • Termite or wood-destroying insect inspection
  • Sewer or septic scope, especially on older homes or semi-rural properties
  • Roof and HVAC specialists if your inspector recommends it
  • If the home is in an HOA, request and review HOA documents and the resale certificate

Review disclosures and documents

Read the seller’s disclosure closely. If the seller or title company provides survey, permit, or title information during the option period, review those items as well. If you are buying in an HOA, build in time to read the governing documents because fees, rules, and upcoming assessments can affect your decision.

Negotiations, repairs, and decisions

After inspections, you may request repairs or a credit. Put requests in writing and deliver them before the option deadline if you want to preserve your ability to terminate while you negotiate. The seller can accept, reject, or counter. Most repair discussions happen quickly, during or just after the option period.

If you decide to terminate based on what you learn, deliver written termination before the deadline. If the seller does not respond to your repair request, your option period does not automatically extend. Your rights depend on timely written action.

How termination works

If you terminate during the option period, you usually forfeit the option fee. The seller keeps that fee because they took the home off the market and gave you an unrestricted termination right. In most cases, your earnest money is returned to you, subject to any other contract terms that might apply.

Strategy in Tomball’s market

Balance protection and competitiveness

In a buyer’s market, longer option periods and modest fees are common. In a seller’s market, you may see shorter periods or higher fees, and some buyers consider waiving the option period. You can strike a middle ground by offering a short option period, paying a higher option fee, or requesting a credit instead of repairs. The goal is to protect yourself while keeping your offer appealing.

Schedule and coordinate early

Inspector calendars in the Houston metro often fill quickly. Book your general inspection as soon as your offer is accepted. If you anticipate a sewer scope, termite check, or specialist visits, schedule them immediately. If the property is in an HOA, request documents and the resale certificate right away. Those items can take time and may influence your decisions.

Keep your rights intact

Put all requests and notices in writing and track delivery. Confirm who should receive each notice and how days are counted. Know the exact time your option period ends. These small details protect your earnest money and your flexibility.

Should you waive or shorten the option period?

Shortening or waiving the option period increases your risk. Consider it only if you had a professional pre-offer inspection, you are ready to cover unknown repairs, and you need a stronger offer to compete. If you waive the option period, some buyers choose to increase earnest money or include a limited inspection contingency where possible. Discuss tradeoffs with your agent before you decide.

Step-by-step Tomball buyer checklist

  • Immediately after contract execution:
    • Confirm the option fee amount, the recipient, and proof of delivery.
    • Confirm how and when to deliver earnest money to the title company.
    • Note the exact option deadline and how days are counted.
  • Within 24–72 hours:
    • Schedule and complete a general home inspection.
    • Order a termite or wood-destroying insect inspection.
    • Order a sewer or septic scope if property age or history suggests risk.
    • Line up specialists, such as roof or HVAC, if flagged by your inspector.
  • During the option period:
    • Review the seller’s disclosure and any title, survey, or permit records provided.
    • Request HOA documents and the resale certificate if applicable, then review.
    • Gather repair estimates for any major issues.
    • Decide to terminate, request repairs or credits, or proceed as-is.
  • Before the option deadline:
    • Deliver termination or repair requests in writing and keep proof of delivery.
    • Get any agreement on repairs or credits in writing via an amendment.
  • After the option period:
    • If proceeding, confirm timelines for agreed repairs or credits in writing.
    • If terminating, verify the return of earnest money with the escrow agent.

After the option period

Once the option window closes, you may still have other contract contingencies, such as financing or appraisal, if included in your contract and still within their deadlines. Keep tracking those dates. If you negotiated repairs, confirm access for contractors and verify completion as agreed before closing.

Work with a local advocate

Using the option period well can save you thousands and prevent unpleasant surprises. In Tomball’s fast-moving market, you need quick scheduling, clear communication, and a firm handle on contract timelines. A local advisor who treats your goals like their own helps you stay protected while staying competitive.

If you are ready to buy in Tomball or nearby, let’s build a plan that fits your timeline and comfort level. When you want concierge guidance and steady communication from contract to closing, connect with Holly Flaskamp for a friendly, expert consultation.

FAQs

What is the option period in Texas home buying?

  • It is a negotiated time when you can terminate for any reason by delivering written notice before the deadline, in exchange for paying an option fee.

How much is the option fee in Tomball?

  • In balanced markets, fees often range from 100 to 500 dollars. In competitive conditions, sellers may ask for higher fees or shorter periods. The amount is negotiable.

How long does the option period last?

  • Many Tomball contracts use 5 to 10 calendar days, but you can negotiate any length. Confirm how days are counted in your contract and the exact expiration time.

What is the difference between option fee and earnest money?

  • The option fee pays for your right to terminate during the option window and is typically nonrefundable. Earnest money is your good-faith deposit held in escrow and is usually returned if you terminate properly during the option period.

What happens if the seller ignores my repair request?

  • A lack of response does not extend your option rights. If you want to keep the ability to terminate, deliver written notice or reach a written agreement before the deadline.

What if I terminate during the option period?

  • You typically forfeit the option fee. Your earnest money is usually returned, unless another contract provision applies.

Can I still cancel after the option period ends?

  • You may have other termination rights, such as financing or appraisal contingencies, if they are included in your contract and their deadlines have not passed.

When should I consider waiving the option period?

  • Only when you fully understand the risks, such as after a professional pre-offer inspection, when competition is intense, and you have reserves to handle unknown repairs.

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