The option fee in a Texas contract is:
Question & Answer
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Always refundable
A is incorrect because option fees are non-refundable consideration paid for the exclusive right to purchase, unlike earnest money which may be refundable under certain conditions. This misconception often comes from confusing option fees with earnest money deposits.
Credited to the purchase price at closing
B is incorrect because while the option fee may be credited to the purchase price, it's not always credited. This option fails to acknowledge the non-refundable nature of the option fee, which is a key characteristic that distinguishes it from earnest money.
Non-refundable but may be credited to price
Held in escrow until closing
D is incorrect because option fees are not typically held in escrow until closing. The option fee is generally paid directly to the seller and becomes their consideration for granting the option right, with credit applied only if the buyer exercises the option.
Why is this correct?
The option fee is non-refundable consideration for the exclusive right to purchase, but it serves as credit toward the purchase price if the buyer exercises the option. This dual nature makes C correct as it accurately reflects both the non-refundable status and potential application to the sales price.
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