06/18/2026
Agents — when did you last actually deliver the Option Extension fee?
Most know the basics of Paragraph 5D: leave the Option Fee blank or miss the delivery deadline, and your Buyer loses their right to terminate. Full stop.
But here’s where I see agents get tripped up every single day:
The Option Period Extension.
You negotiate more time. You fill out the amendment. You get signatures. And then… the fee never gets delivered. Or worse — someone puts $0 as consideration thinking it’s just a formality.
It’s not a formality. It’s a legally binding contract.
TREC is clear: an Option Extension without valid, delivered consideration isn’t an extension at all. Your Buyer believes they’re protected. They are not. And if they try to terminate under that “extended” Option Period, they’re exposed.
And here’s the part that catches even experienced agents off guard:
It doesn’t matter who asked for the extension.
If the Seller needs more time — they want to get repair quotes, they’re not ready to make a decision, whatever the reason — and they request the Option Period be extended, the Buyer still has to pay for it. The obligation to deliver valid consideration doesn’t shift based on whose idea the extension was.
Three non-negotiables on every extension:
✔ Non-zero dollar amount — $0 is not valid consideration
✔ Fee delivered within the timeframe specified in the amendment or original contract
✔ Confirmation of receipt documented
Don’t let a completed amendment give your client a false sense of security.
The paperwork isn’t the protection. The option fee delivery receipt is.
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