A few days can protect your entire purchase. In Texas, the option period gives you breathing room to inspect, ask questions, and decide with confidence. If you are buying in Boerne or greater Kendall County, those days matter even more because rural systems, wells, and Hill Country geology add extra due diligence. This guide shows you exactly how the option period works, what to inspect locally, what it may cost, and how to negotiate without losing your leverage. Let’s dive in.
Texas option period basics
What it is
- The option period is a negotiated, paid right that lets you terminate the contract for any reason within a set window.
- It exists by contract using standard forms published by the Texas Real Estate Commission (TREC) when parties include an option fee and number of days.
- If you terminate within the option period, the seller usually keeps the option fee and your earnest money is typically returned per the contract.
Key legal points
- The option is created in the TREC One to Four Family Residential Contract (Resale) when you fill in an option fee and the number of days.
- Days are typically counted as calendar days unless the contract states otherwise.
- You must deliver written notice to terminate before the deadline to use your option right.
- The option fee is separate from earnest money and timing is negotiable in the contract.
Practical implications
- You get unilateral flexibility to walk away during the option period, usually forfeiting only the option fee.
- Sellers can counter with shorter periods or higher fees in competitive markets.
- Exact mechanics, payment handling, and cut-off times should match your signed contract and local escrow practice.
Timeline and deadlines
- Effective Date: The option clock starts when both parties sign and the contract is fully executed.
- Length: Common ranges in Texas are about 1 to 10 days. The right length depends on market conditions and property complexity.
- Scheduling: Book the general inspection immediately. Leave room for specialty inspections and contractor estimates if needed.
- Action items: Deliver repair requests or a termination notice in writing before the option period expires.
- Extensions: If you need more time, both parties must sign a written amendment. Expect to pay an additional option fee for extra days.
Money flow and fees
- Option fee: Negotiated amount the seller keeps if you terminate under the option. It often ranges from about $100 to $500, but can be higher for coveted properties or tight markets.
- Earnest money: Held by the title company or escrow agent. If you cancel under the option, your earnest money is typically returned per contract terms.
- Receipts: Always get receipts for both the option fee and earnest money. Confirm who receives each and how refunds are processed.
Inspections to prioritize in Boerne
Core inspections
- General home inspection for structural, electrical, plumbing, mechanical systems, and visible concerns.
- WDI (wood-destroying insect) inspection. These are common in Texas and some lenders, such as VA or FHA, may require them.
- Roof evaluation, either included in the general inspection or via a roofer.
- HVAC check for performance, age, and remaining life.
- Foundation or structural assessment when signs like cracks or uneven floors appear.
- Sewer or septic inspection. Confirm the system type and maintenance history.
- Well flow and water quality testing on properties with private wells.
- Mold or moisture evaluation when visible issues are present.
Hill Country factors to consider
- Foundation movement: Limestone bedrock and pockets of expansive clay mean you should pay close attention to slab movement and drainage.
- Drainage and erosion: Retaining walls, gutters, grading, and runoff patterns deserve a careful look.
- Private wells: Order a water quality panel for coliform, nitrates, and other basics, and confirm pump details and flow.
- Septic systems: Many larger-lot homes use septic. Ask for permits, service history, and coordinate a licensed inspection.
- Floodplain and creeks: Proximity to Cibolo Creek and area tributaries means you should confirm floodplain status and ask for elevation documentation when relevant.
- Trees and roots: Mature live oaks can impact foundations, driveways, and septic lines. Check proximity and condition.
What to review early
- Seller’s Disclosure Notice. Read it carefully for prior repairs, roof claims, or water events.
- Existing survey, if available. Confirm whether an updated survey is needed.
- HOA documents. Review covenants, rules, fees, and any special assessments.
- Permits and receipts for recent work, including roofs, additions, HVAC, and plumbing.
- Title commitment and easements. Start reviewing early if the property has unique encumbrances.
Negotiation strategies in Boerne
- Match the market: In a strong seller’s market, consider a shorter option period and a higher option fee to remain competitive. In a balanced market, request more days and keep the option fee modest.
- Short but sufficient: A 3 to 5 day period can work if you schedule inspections immediately and prioritize the big-ticket items.
- Specialist first: If a property has a well, septic, or visible foundation signs, order those inspections on day one.
- Credits vs. repairs: Many sellers prefer a closing credit over supervising repairs. Credits can save time while funding the work after closing.
- Extension planning: If you anticipate needing more time, pre-negotiate a short extension with an additional option fee.
Buyer checklist for Boerne
- Day 0: Confirm the option period length, fee amount, recipient, and deadline. Verify cut-off time.
- Day 0–1: Book the general inspection. If the home is rural or shows visible issues, schedule septic, well, and foundation specialists immediately.
- Documents: Request the Seller’s Disclosure, any existing survey, HOA docs, and permits or maintenance records.
- Flood review: Check floodplain status and ask for any prior elevation certificates if relevant.
- Reports: Review inspection findings as soon as they arrive. Line up contractor estimates for significant items.
- Decision: Before the deadline, either submit a written repair or credit request, or deliver written termination.
- Amendments: If more time is needed, execute a written extension and confirm any additional option fee.
Costs to plan for
- Option fee: Typically about $100 to $500, depending on competitiveness.
- General home inspection: About $300 to $600 based on size and age.
- WDI inspection: About $75 to $150.
- Septic inspection: About $300 to $800 depending on the system.
- Well water testing: About $50 to $200, depending on test scope.
- Foundation or engineering evaluation: About $400 to $1,500+ based on scope.
- Specialty contractor estimates for roof, HVAC, plumbing: Variable by issue.
Local pricing can vary, so request quotes early.
When to extend or exit
- Extend: You may extend by mutual written agreement if a specialist cannot access the property in time or you are awaiting crucial estimates. Be ready to pay an added option fee.
- Exit: If inspections uncover concerns that exceed your budget or risk tolerance, terminate in writing within the option period. You typically forfeit the option fee while your earnest money is returned per the contract.
- After expiration: You still have any other contractual contingencies that apply, but you lose the unrestricted right to cancel.
Work with a local advisor
The option period in Boerne is short, and the due diligence list can be long. A local, hands-on advisor helps you prioritize inspections, verify rural systems, and negotiate with clarity. If you want a strategic, concierge-level process that balances speed with protection, connect with Binkan Cinaroglu for a private consultation.
FAQs
What is the Texas option period for a Boerne home purchase?
- It is a negotiated, paid window that lets you inspect and terminate for any reason within the deadline, usually forfeiting only the option fee while your earnest money is returned per contract terms.
How long is a typical option period in Kendall County?
- It often ranges from about 1 to 10 calendar days in Texas, with shorter periods common in competitive markets and longer periods possible in balanced conditions.
Is the option fee refundable if I cancel in time?
- No, the option fee is typically nonrefundable if you terminate under the option, while your earnest money is usually returned according to the contract.
Where is the option fee paid in a Boerne transaction?
- Local practice varies; it may be delivered to the seller, the listing agent, or the title company as specified in your contract, and you should always obtain a written receipt.
What inspections should I prioritize for a Boerne property with acreage?
- Order the general inspection first, then schedule septic, well flow and water quality tests, and a foundation assessment early if there are signs of movement or drainage issues.
What happens if I miss the option deadline in Texas?
- You usually lose the unrestricted right to terminate under the option and may have fewer ways to cancel without risking earnest money, though other contract contingencies may still apply.
