One of the more vexing and frustrating aspects of managing a Texas real estate transaction is what we agents call “clearing the Option Period”. The Option/Inspection Period is the agreed upon number of days during which a Buyer can unilaterally terminate the purchase contract. It’s usually 5-10 days.
The buyer doesn’t need a reason. It’s a straight up right to terminate, for which the seller is paid a nominal fee, usually less than $500.
The problem is that, per the current contract language, a 7 day Option Period ends at midnight on the 7th day. I don’t know about you, but whether you’re a buyer, seller or agent, none of us like being up at 11:45PM waiting for an Amendment and wondering if the deal is going to crater. It’s one of the stupidest things we do, and nobody likes it, but it happens repeatedly.
A proposed change to the One to Four Family Residential Contract (sales contract) will move that deadline to 5PM on the final day. This makes me very happy. Agents need to learn to take care of business during business hours. Real Estate is not a 9-5 profession, but neither is it supposed to be the graveyard shift at the end of every option period.
From a listing agent standpoint, it’s not our problem, or the seller’s, if the buyer agent and buyer can’t complete their “due diligence” within the first few days of the contract. We do with our buyers because we’ve already talked to the inspector and know his availability, and we have plumbers, electricians, HVAC people who can do followup evaluations same or next day. Every buyer agent worth his or her salt should be providing these resources and pre-established vendor connections to their buyers. Those who can’t or won’t should get out of the business. Continue reading