Legal Question in Real Estate Law in Texas

Option Fee Payment to seller

We had a signed contract in place to sell our home. The buyer backed out due to a disagreement they had with our agent. We were still in the option period. We asked agent for our option fee. He stated the buyers agent had it. We contacted that agent. She advised she did not have the money, and never had. She said he only saw a fax of a check the buyers had sent her. The written contract states ''the receit of option fee was acknowledged in the form of the check.'' She refuses to pay us our option fee. She advised she would ask the no longer interested buyers but, she doubted they would pay. What can we do?


Asked on 9/08/07, 1:56 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Option Fee Payment to seller

Usually the option fee is $50 or $100. I would ask the broker for the option fee (the agent's boss). They should make good on the agent's error. If that fails, you could take the buyer and agent to small claims court, but that is hardly worth the time and expense. If it were me, I would just move on.

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Answered on 9/09/07, 12:59 pm


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