The Journal·The Practice
July 6, 2026
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The PracticeJuly 6, 2026· 5 min read read

Buying a Home in Austin and the Hill Country: The Option Period, the TREC Contract, and the Deadlines That Bind

The Texas process is standardized, which means the deadlines are knowable before you ever write an offer.

Buying a Home in Austin and the Hill Country: The Option Period, the TREC Contract, and the Deadlines That Bind
Photograph · Unsplash
— The short answer

Start by getting preapproved with at least three lenders, sign the written buyer representation agreement Texas law has required since January 1, 2026, then make your offer on the TREC One to Four Family Residential Contract. The contract's option period is what protects you: pay the option fee within three days and you can terminate for any reason before it expires.

Texas runs a standardized process. Nearly every Austin resale offer is written on the same state form, and the deadlines inside it control the deal. Here is the sequence, plus the parts that surprise buyers relocating in.

What are the first steps to buying a home in Austin?

Get preapproved before you tour. The CFPB recommends preapproval from at least three lenders; the letter is a tentative statement of willingness to lend, not a guaranteed offer, and it usually expires in 30 to 60 days. Then the paperwork that is now mandatory. Since January 1, 2026, Texas Occupations Code Sections 1101.562 and 1101.563 require a written agreement with a residential buyer before showing property, or before presenting an offer if nothing is shown. It must state the services, a termination date, and disclose in conspicuous language that broker compensation is not set by law and is fully negotiable. NAR's rules, effective August 17, 2024, also require a written buyer agreement before touring and keep offers of compensation off the MLS.

What is the option period and why does it matter?

It is your unrestricted right to walk. Under Paragraph 5B of TREC form 20-19, in exchange for paying the option fee on time, the seller grants you the unrestricted right to terminate by notice within a negotiated number of days after the effective date, given by 5:00 p.m. local time. Terminate in time and the option fee is not refunded, but the earnest money is. Paragraph 5A sends both to the escrow agent within 3 days of the effective date, and the option fee is credited to the sales price at closing. If no dollar amount is stated, or you pay late, Paragraph 5D removes that right, and Paragraph 5E makes time of the essence. Inspect now: Paragraph 7A gives access with TREC-licensed inspectors and keeps the seller's utilities on.

Pay the option fee late and you still have a contract. You just no longer have a way out of it.

How long does it take, and which deadlines actually bind?

Build the calendar backward from the paperwork. The title commitment is due within 20 days after the title company receives the contract; if it runs late, the time extends up to 15 days or 3 days before closing, whichever is earlier, and you may terminate with earnest money refunded. Under Paragraph 6C the seller may deliver an existing survey with a T-47 affidavit or T-47.1 declaration, and if the title company or your lender rejects it, a new survey is due no later than 3 days before closing. TREC's Third Party Financing Addendum 40-11 separates buyer approval from property approval, the appraisal and underwriting condition; since January 3, 2025, terminating under either requires a notice of termination plus a written statement from the lender. Federal law puts your Closing Disclosure in hand at least three business days before closing.

What closing costs does a buyer actually pay?

Paragraph 12A(2) spells it out. Buyer expenses include the appraisal fee, loan application and origination charges, credit reports, loan document preparation, recording fees, the loan title policy with lender endorsements, loan-related and repair inspection fees, underwriting and wire transfer fees, half the escrow fee, and prepaid items like hazard and flood insurance and reserve deposits for taxes and insurance. Sellers pay lien releases, deed preparation, tax certificates, and the other half of escrow. Who buys the owner's title policy is a checkbox in Paragraph 6A; the Texas Department of Insurance says the premium is paid once at closing and is negotiable between the parties, with a simultaneous loan policy discounted to $100.

What surprises buyers coming from out of state?

The tax math runs the other direction. Texas has no personal income tax and no state property tax, but local taxing units set the rates and collect. Travis County alone adopted a 2025 rate of $0.375845 per $100 of valuation, one line on a bill that also carries school, city, and college districts. School districts must grant a $140,000 residence homestead exemption under Tax Code 11.13(b), and any unit may add a local option of up to 20 percent, never less than $5,000; file before May 1. Out toward the Hill Country, watch the districts. Water Code Chapter 49 requires a signed notice of a utility district's tax rate, bonded indebtedness, or standby fee before final execution, and Property Code 5.014 covers public improvement districts. Outside city limits you also get an extraterritorial jurisdiction notice under Property Code 5.011 and, under Water Code 13.257, notice that a certificated water or sewer provider may charge special costs and need time to build lines. No attorney is required; a title company escrow officer closes and funds the sale.

— Common Questions

Questions people ask about this

Is the option fee refundable?

No. If you terminate during the option period, Paragraph 5B says the option fee is not refunded and the escrow agent releases it to the seller, while your earnest money is refunded to you. If you close instead, the option fee is credited to the sales price at closing, so it is not lost.

Do I need a lawyer to buy a house in Texas?

No. Texas closings are handled by a title company, which issues the title policy and closes the transaction as part of the regulated premium. The Texas Department of Insurance notes you may ask to see your closing papers in advance and may have an attorney attend closing with you, but neither is required.

Who pays my buyer's agent after the NAR settlement?

It depends on what you negotiate in writing. Paragraph 12B of the TREC contract states brokerage compensation is not set by law and is fully negotiable, and each party pays its own broker under separate written agreements. A seller may agree to contribute a stated dollar amount or percentage toward the buyer's brokerage compensation, but that is negotiated at closing, not automatic.

What is a MUD, and how do I find out if a home is in one?

A MUD is a statutorily created district providing water, sewer, drainage, or flood control. Chapter 49 of the Texas Water Code requires the seller to deliver, and the buyer to sign, a notice of the district's tax rate, bonded indebtedness, or standby fee before the contract is finally executed. Your county appraisal district also lists every taxing unit assessed against a property.

— Sources

Every figure, and where it came from.

  1. TREC form 20-19, the One to Four Family Residential Contract (Resale), is the promulgated form for resale of a single family home, duplex, tri-plex or four-plex.

    trec.texas.gov
  2. Paragraph 5A requires earnest money and the option fee delivered to the escrow agent within 3 days after the effective date, with the option fee credited to the sales price at closing. Paragraph 5B grants an unrestricted right to terminate by 5:00 p.m. local time within the stated period, refunding earnest money but not the option fee. Paragraph 5D removes that right if no amount is stated or payment is late; 5E makes time of the essence.

    trec.texas.gov
  3. Paragraph 6B requires the title commitment within 20 days after the title company receives the contract, extendable up to 15 days or 3 days before closing, whichever is earlier, with a right to terminate and recover earnest money. Paragraph 6C allows an existing survey with a T-47 affidavit, otherwise a new survey is due no later than 3 days before closing.

    trec.texas.gov
  4. Paragraph 12A(2) lists buyer expenses including appraisal, loan application and origination, credit reports, loan document preparation, recording fees, loan title policy with endorsements, inspection and underwriting and wire transfer fees, one-half of escrow, and prepaid hazard and flood insurance and tax reserves. Paragraph 12A(1) assigns lien releases, tax certificates, deed preparation and the other half of escrow to the seller.

    trec.texas.gov
  5. Paragraph 12B states brokerage compensation is not set by law and is fully negotiable, with each party paying its own broker under separate written agreements. Paragraph 6A makes the owner's title policy a checkbox between buyer and seller expense.

    trec.texas.gov
  6. Paragraph 6E requires statutory notices for utility districts under Water Code Chapter 49, public improvement districts under Property Code 5.014, extraterritorial jurisdiction under Property Code 5.011, and certificated water or sewer service areas under Water Code 13.257.

    trec.texas.gov
  7. Effective January 1, 2026, Texas Occupations Code Sections 1101.562 and 1101.563 require a written agreement with a prospective residential buyer before showing property, or before presenting an offer if no property will be shown, stating services, a termination date, and disclosing that compensation is not set by law and is fully negotiable.

    trec.texas.gov
  8. TREC form changes effective January 3, 2025 revised the Third Party Financing Addendum so that both Buyer Approval and Property Approval terminations require a notice of termination plus the lender's written statement.

    trec.texas.gov
  9. Under NAR's MLS rules effective August 17, 2024, a participant working with a buyer must have a written agreement before touring a home, and offers of compensation cannot appear anywhere on an MLS platform.

    texasrealestate.com
  10. The CFPB recommends getting preapproval from at least three different lenders and comparing at least three loan offers.

    consumerfinance.gov
  11. A preapproval letter is a tentative statement of willingness to lend, not a guaranteed loan offer, and typically expires in 30 to 60 days.

    consumerfinance.gov
  12. By law, a borrower must receive the Closing Disclosure at least three business days before closing.

    consumerfinance.gov
  13. In Texas the title insurance premium covers the title search, examination and closing, is paid once at closing, is negotiable between the parties, and a simultaneous loan policy is issued at a discounted $100. An attorney may attend closing but is not required.

    tdi.texas.gov
  14. Texas has no state property tax; local taxing units assess and collect property taxes and set their own rates.

    comptroller.texas.gov
  15. Tax Code Section 11.13(b) requires school districts to provide a $140,000 residence homestead exemption; Section 11.13(n) allows a local option of up to 20 percent, not less than $5,000, with a general filing deadline before May 1.

    comptroller.texas.gov
  16. Travis County adopted a 2025 tax rate of $0.375845 per $100 of valuation; the no-new-revenue rate was $0.343152 per $100.

    traviscountytx.gov
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