Once you and a Texas seller sign a contract, the clock starts on your earnest money, your option fee and your option period. Miss one and it can cost you money.
So, here are some of the most common real estate terms and what they mean, roughly in the order you’ll run into them. Where a definition depends on the contract, we’re reading from the Texas Real Estate Commission’s standard resale form, TREC No. 20-19. Your own contract is the one that counts, so read it, and ask your agent or an attorney about anything you’re unsure of.
Pre-qualification
A pre-qualification is a letter from a lender that estimates what you might be able to borrow. This is an early step in your home buying process. Some lenders base it on information you report, like annual income and savings, without verifying it yet, and a lender may check your credit.
Pre-qualification also allows you to learn about different mortgage options and talk to your lender about which one is best for you and your situation. If you’re buying your first home, it’s a good place to start.
Pre-approval
A pre-approval is also a letter from a lender saying it’s generally willing to lend to you, up to a certain amount and based on certain assumptions. Some lenders only issue a pre-approval based on verified information, not just what you report.
A pre-approval helps you make an offer, because it gives the seller confidence that you’ll be able to get financing. It’s not a guaranteed loan offer, and it doesn’t mean you’ve already been approved for a mortgage.
Lenders use these two words differently, and the Consumer Financial Protection Bureau says not to worry about which word yours uses. Ask what your lender actually checked, and ask your real estate agent whether the letter will be taken seriously in your market.
Earnest money
Earnest money is a deposit you make on a home you want to buy. It’s also called a good faith deposit, because it shows the seller your offer is serious.
On the standard Texas contract, you deliver it to the escrow agent named in the contract, who holds the money for the deal, within 3 days after the Effective Date, which is the date of final acceptance written on the contract. Miss that deadline and, until you deliver it, the seller can end the deal or use the contract’s default remedies. The form leaves the amount blank, so it’s set in your offer.
What happens to it depends on how the deal ends. Three of the ways it can go:
- If you close, it goes first to any cash down payment, then to your expenses, and any excess is refunded to you.
- If you terminate on time during the option period, it’s refunded. The same goes if you terminate on time under the Third Party Financing Addendum, which we cover under Appraisal.
- If you fail to comply with the contract, you’re in default. The seller can end the deal and keep the earnest money, or hold you to the contract and seek other relief the law allows.
Option money
Option money is a fee you pay for the right to terminate the contract for any reason within a fixed, stated period of time, called the option period. The Texas contract calls it the option fee. You and the seller agree on the amount.
It goes where the earnest money goes: you deliver it to the escrow agent, made payable to the escrow agent, within 3 days after the Effective Date. You don’t hand it to the seller or the seller’s agent. If the last day lands on a Saturday, Sunday or legal holiday, you get until the end of the next day that isn’t one.
Don’t miss it. If no dollar amount is stated, or you don’t deliver the fee on time, you lose the unrestricted right to terminate.
The escrow agent can release the fee to the seller at any time without asking you, and you don’t get it back if you terminate. If you close, it’s credited to the sales price.
Option period
The option period is a specific number of days, negotiated between you and the seller, during which you can get the home inspected and you have the right to terminate the contract for any reason. The days count from the Effective Date, and the period should be long enough to allow the home to be inspected and you to negotiate repairs with the seller.
Your written notice of termination has to be given by 5:00 p.m., local time where the home is located, on the last day of the option period. That deadline doesn’t move for a weekend or legal holiday, even though the deadline for delivering the fee does.
Repairs you negotiate go into a written amendment to the contract. The clock doesn’t stop while you talk, so settle them, or terminate, before 5:00 p.m. on the last day. Our guide to the Texas option period goes through the deadlines.
