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THE ROOTS

Termination Option

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Core termHome Buying ProcessBuying

Definition

Your right to terminate the contract and have earnest money returned during the option period for any reason at all. This is a standard buyer protection allowing you to walk away if you discover issues.

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About this term

The termination option is distinct from terminating due to failure of contingencies—with a termination option, the buyer doesn't need to cite a specific reason or negotiate with the seller. The buyer simply provides written notice by the deadline, and earnest money is released. This option typically expires after the option period ends, after which termination rights become subject to contingency language.

Pro Tip

Always know your option period expiration date. Have your termination notice delivered before that deadline.

Example

After the home inspection reveals significant issues, a buyer submits a Termination of Contract notice on day 8 of the 10-day option period, and their earnest money is returned despite not negotiating with the seller.

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