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DeSoto TX seller reviewing a buyer termination notice at the kitchen table before relisting in 2026

Your Buyer Backed Out During the Option Period: The DeSoto Seller's Back-Up Offer Playbook (2026)

September 03, 2026

Your Buyer Backed Out During the Option Period: The DeSoto Seller's Back-Up Offer Playbook (2026)

By Steven J. Thomas

DeSoto TX seller reviewing a buyer termination notice at the kitchen table before relisting in 2026

You accepted an offer on your DeSoto house eight days ago. The inspection happened Tuesday. This morning your agent forwarded a one-page notice: the buyer is terminating under the option period. No reason given, none required. Your sign still says "Under Contract," and you already picked out a lot in Midlothian. Here is what you keep, what resets, and how to get back under contract without giving the next buyer a discount for someone else's cold feet.

Direct Answer

When a buyer terminates during the Texas option period, you keep the option fee, the buyer gets the earnest money back, and the house goes back to Active on the MLS with its cumulative days on market still counting. Your fastest path back under contract is a back-up offer signed before the first buyer walks, or a 48-hour relaunch with the inspection issues already handled. The Home Selling Score exists to catch those issues before a buyer's inspector does.

What Actually Happens When a DeSoto Buyer Terminates

Almost every resale contract in DeSoto runs on the TREC One to Four Family Residential Contract. Paragraph 5 gives the buyer an unrestricted right to terminate for a set number of days in exchange for an option fee. That fee is yours the moment they walk. The earnest money is not.

Here is the sequence, in the order it hits your inbox:

  • The buyer delivers a written notice of termination before 5 p.m. on the last day of the option period. Under the contract it has to be in writing. A text from their agent does not count.
  • You sign a release of earnest money. The title company sends the deposit back to the buyer. Refusing to sign does not get you the money; it gets you a dispute and a frozen file.
  • The option fee stays with you. In the DeSoto price band that is usually $200 to $500. It was credited toward the sales price if they closed. Since they did not, it is your consolation prize.
  • Your listing agent changes the MLS status from Active Option Contract back to Active. In NTREIS, cumulative days on market kept counting the whole time you were under contract.

That last point is the one that costs sellers money. You did not get a fresh start. A buyer scrolling listings tonight sees a house that has been on the market 31 days, not eight, and they see the "back on market" flag. Most agents won't tell you this, because they would rather you not ask what the buyer's inspector found. Ask anyway. You are entitled to request a copy of the inspection report, and most buyers will hand it over once they have terminated.

Neighborhood Spotlights: Where This Plays Out in DeSoto

Thorntree and Ten Mile Creek: 1980s and 1990s Builds

These are the neighborhoods where option-period terminations happen most often, and it is almost always the same three findings: foundation movement, an original-age roof, and an HVAC system past 15 years. A buyer's inspector writes those up, the buyer's lender starts asking about the roof, and the buyer decides the $500 option fee is cheaper than a $12,000 roof negotiation. If your home sits in one of these subdivisions, get ahead of it. A pre-listing walk-through catches those items when you still control the timing. The DFW Home Seller Checklist lists what buyers' inspectors flag first in these older DeSoto homes.

Woodhaven and Windmill Hill: Move-Up Resale

Homes here trade in the high $300s to mid $400s and compete directly with Bloomfield's Phase 2 at Homestead at Daniel Farms and First Texas at Summit Parks. When a buyer terminates on a Woodhaven resale, the risk is not that the house is bad. It is that the buyer drove past a model home on the way to the inspection and got a $25,000 closing-cost promo pitched to them. You are not competing with the house next door. You are competing with a builder's preferred lender. Price and condition have to answer that. The DFW Neighborhood Reports show what closed near you in the last 90 days so the relist price is grounded in sales, not hope.

Hidden Lakes Estates and Newer Subdivisions

If your home is under ten years old, a termination is rarely about condition. It is usually financing: the buyer's lender pulled a mid-process credit refresh, the DTI moved, and the buyer used the option period as an exit before the financing contingency ran out. That matters for your relaunch strategy. A buyer who terminated for financing was never going to close. The next one needs to be vetted harder, and that is a conversation I have on the lending side before we accept. Pro tip: before you relist, book the Home Selling Score walk-through so the second launch does not repeat the first one's mistakes.

Local Market Trends (Fall 2026)

  • DeSoto median closed price: $339,999 across 232 closings over the trailing six months, with a median of 32 days from list to contract (Source: Resideline, August 2026)
  • DeSoto homes are going pending in about 41 days on average (Source: Redfin, August 2026)
  • Dallas-Fort Worth median list price: $425,000, down 1.2% year over year, with 27.5% of active listings carrying a price reduction (Source: Realtor.com August 2026 Housing Report)
  • Texas homes sold in June spent an average of 62 days on market, up slightly from 60 a year earlier (Source: Texas Real Estate Research Center, Texas Housing Insight, August 2026)
  • 30-year fixed mortgage rate: 6.66% for the week of August 27, 2026 (Source: Freddie Mac Primary Mortgage Market Survey)

Read those numbers together and the picture is clear. Based on current conditions, a DeSoto seller who loses a buyer in week two is relaunching into a market where more than a quarter of the competition has already cut price, buyers are taking their time, and the "back on market" flag is doing you no favors. Speed matters, and so does not looking desperate. Those two things pull in opposite directions unless you have a plan before the termination hits.

"Buyers should be asking their agent very specific questions: What's happening to inventory here? How long are homes in my price range sitting? Are sellers reducing prices?" That is from Homes.com's September 2026 buyer guide. Your next buyer's agent is coaching them to ask exactly that about your house. Have the answer ready.

Cost Breakdown for DeSoto Sellers Who Lose a Buyer

Here is what a termination costs on a $340,000 DeSoto home, based on current conditions:

  • Carrying cost while relisted: roughly $2,700 to $2,900 a month in mortgage, DeSoto-area property taxes, insurance, and utilities. Call it $90 to $95 a day. Three extra weeks on market is about $2,000.
  • Option fee kept: $200 to $500, credited to you.
  • Inspection items you now know about: $0 to $15,000 depending on what the buyer found. A roof at end of life in DeSoto runs $12,000 to $18,000. Foundation piers run $350 to $600 each.
  • Second-buyer discount risk: buyers reading "back on market" often open 2% to 3% below list. On $340,000 that is $6,800 to $10,200 of negotiating room you did not plan to give.
  • Additional option fee on a back-up contract: often $0 up front, then a second option fee due when the back-up moves into first position.

The math says a $500 pre-listing walk-through and a $400 repair of the item that scared the first buyer beats a $8,000 concession to the second one. That is the whole argument for handling condition before a buyer's inspector writes it up.

Builder and Community Insights: Know the Competition

A DeSoto resale seller in 2026 is competing with more than other resales. Bloomfield Homes has Phase 2 at Homestead at Daniel Farms priced from the $460s, First Texas Homes has Summit Parks from the high $520s and Hidden Lakes Estates from the $450s, and D.R. Horton's Parkerville Meadows has quick move-ins in the $350s to $370s. First Texas ran a July 2026 promo offering up to $25,000 toward closing costs on contracts written and closed inside 60 days, and both Bloomfield and First Texas are running preferred-lender incentive stacks in the $15,000 to $25,000 range.

Why does that matter for a seller whose buyer just walked? Because the buyer who terminated on your house may be sitting in one of those model homes right now. A builder can absorb a buyer's closing costs and buy down a rate. You cannot. What you can do is make sure the buyer who tours your house next does not find a reason to leave. And if your next move is one of those new builds, the same New Construction Rebate Program that applies to my buyers applies to you when you sell with me and buy the new build with me.

Financing and the Back-Up Contract: How to Relaunch Without Restarting

The best defense against a termination is a back-up offer that was already signed before the first buyer left. Texas has a promulgated form for exactly this: the TREC Addendum for "Back-Up" Contract, Form 11. It attaches to a second buyer's contract and makes it contingent on the first contract terminating. The second buyer pays earnest money and an option fee up front. If the first contract does not terminate by the date written into the addendum, the back-up ends and the second buyer gets the earnest money back. If the first contract does terminate, you notify the back-up buyer in writing, the addendum's amended effective date kicks in, and their performance deadlines start running from there. One detail to get right: TREC revised the form in 2026, and the timing rules around when the amended effective date starts and how the back-up buyer's option period is counted changed with it. Your agent needs to read the version on the contract, not the one they remember.

Here is how I use it as a seller's broker. When we get a strong first offer and a second showing that same weekend, I ask the second buyer's agent to write a back-up. Most will, because it costs their client little and puts them first in line. If the first buyer terminates on day eight, the back-up buyer is notified on day eight, and the house never goes back to Active. No "back on market" flag, no second launch, no discount for cold feet.

If you do not have a back-up, the relaunch has to be tight. Read the inspection report the first buyer's inspector wrote. Fix or price the items in it. Update the listing remarks with what was addressed. Then relist inside 48 hours, before the flag has time to age. And vet the next buyer's financing harder than the first one's. On the lending side, I look at the pre-approval letter and the lender behind it before you sign. A buyer who walked for financing reasons should never have been the buyer you accepted, and that is the check that catches it. When you are ready, get started here and we will build the plan for the sale and the next purchase at the same time.

Conclusion

A buyer terminating during the option period is not a failed sale. It is a warning about how the house shows to the next buyer, and a lesson about who you accept. Keep the option fee, release the earnest money, get the inspection report, and either move the back-up into first position or relaunch inside 48 hours with the issues handled. Based on current conditions, sellers in DeSoto who do this are often back under contract within days. Sellers who relist the same house at the same price with the same roof tend to join the 27.5% carrying a price cut.

Before you list, or before you relist, let me walk through the house with you. The Home Selling Score is a 30-minute in-person walk-through that gives your home a readiness number. Eighty-five or above, you are in strong shape at your target price. Below that, we know exactly what to fix before a buyer's inspector finds it.

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Key Takeaways

  • When a buyer terminates during the option period, you keep the option fee and the buyer gets the earnest money back. Sign the release; fighting it freezes the file.
  • Your MLS listing goes back to Active with cumulative days on market still counting and a "back on market" flag. There is no fresh start.
  • A back-up contract using TREC Form 11, signed before the first buyer walks, moves the second buyer into first position without the listing ever going back to Active.
  • Ask for the first buyer's inspection report. Fix or price what is in it before relisting so the second buyer cannot use it against you.
  • On a $340,000 DeSoto home, every extra week on market costs roughly $650 in carrying costs, and a "back on market" discount can run $6,800 to $10,200. A pre-listing walk-through is cheaper than both.

FAQ: Buyer Terminated During the Option Period in DeSoto

How long does a buyer have to back out of a contract in Texas?

As long as the option period written into Paragraph 5 of the TREC contract runs, usually 7 to 10 days in DeSoto. The buyer must deliver written notice of termination by 5 p.m. on the last day. After that, they can only terminate under a specific contingency such as financing or appraisal.

Do I get to keep the earnest money if the buyer terminates during the option period?

No. During the option period the buyer's right to terminate is unrestricted, and the earnest money goes back to them. You keep the option fee, which in DeSoto is typically $200 to $500.

What if the buyer refuses to sign the release of earnest money?

If the buyer terminated properly inside the option period, the contract entitles them to the refund, so the release is a formality. If a party refuses to sign, the title company holds the funds until both sides agree or a court orders release. Under Paragraph 18 of the TREC contract, a party who wrongfully refuses to sign the release within 7 days of a written demand can be liable for three times the earnest money plus attorney's fees. Sign it and move on.

Does my DeSoto listing's days on market reset when the buyer terminates?

No. In NTREIS, cumulative days on market keeps counting while the home is under contract. When the status returns to Active, buyers see the full count plus a "back on market" indicator. That is why a back-up contract is worth pursuing: it keeps the listing from ever going back to Active.

How fast can I get back under contract after a termination in DeSoto?

With a back-up contract in place, the same day. Without one, sellers who fix or price the inspection items and relist inside 48 hours are typically back under contract within two to three weeks based on current DeSoto conditions, where homes are going under contract in a median of 32 days. Relisting the same house unchanged tends to run longer.

Where can I see what is selling near my DeSoto home right now?

Download the Lone Star Living App. It shows live listings, pendings, and closed sales by neighborhood so you can see what buyers in DeSoto paid this month before you set your relist price.


Steven J. Thomas · Broker, Refind Realty DFW · TREC Broker License #0657467 · Loan Officer, Envision Home Lenders · NMLS #689220 · 128 S. Cockrell Hill Rd, DeSoto TX 75115 · 972-846-9170 · [email protected]. Market data is based on current conditions at the time of writing and is not a guarantee of price, timeline, or outcome. Equal Housing Opportunity.

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Steven J Thomas

Steven J. Thomas

Steven J. Thomas has been in the financial services industry for the past 19 years and started my career as a Financial Planner for American Express Financial Advisors. I entered into banking with JP Morgan Chase as personal banker in 2003 and was promoted several times up to Small Business Specialist. I earned multiple Million Dollar Club awards and was ranked in the top 5 Small Business Specialist before I branched out in 2005 to start my own Financial Management Company. I ran a successful company before family circumstances lead me to Wachovia Bank in 2008 where I worked as a Senior Financial Specialist. As a Sr. Financial Specialist; I was responsible for the P & L and revenue growth of my banking center. The elimination of my role thru a bank merger lead me to BBVA Compass. I have held various leadership roles at BBVA Compass including Personal Relationship Manager, Branch Retail Executive, Workplace Solutions VP, and his current role as a Retail Manager. As the Regional Workplace Solutions VP, I was responsible for the strategic, tactical, and execution of Partnership Banking relationships, promotion and activity with corporate and non-profit companies in my footprint. I was responsible for the acquisition production for three districts, which includes 51 banking centers and over 300 employees. In May of 2014, I joined the team at Refind Realty and became one of the managing partners in mid-2015.

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Frequently Asked Questions

Why do you need a Realtor?

When buying or selling a home, there are so many options…which can also present a lot of obstacles. Laws change, forms change, and practices change all the time in the real estate industry. Because it’s our job to stay on top of those things, hiring a realtor reduces risk, and can also save you a lot of money in the long run.

When you work with me as your Realtor, you’re getting an expert who knows the area; knows how to skillfully guide your experience as a seller or buyer; can easily spot the difference between a good deal and a great deal. My job is to translate your dream into a real estate reality, and I work hard to earn and keep my business. This also means earning your trust: When you work with me, you’ll be working with a realtor who looks out for your best interests and is invested in your goals.

Which loan should you choose?

There are two different types of loans conventional loans and government-backed loans. The main difference is who insures these loans:

1 - Government-backed loans (FHA, VA and USDA):

(a) - Are, unsurprisingly, backed by the government.

(b) - Include FHA loans, VA loans, and USDA loans.

(c) - Make up less than 40 percent of the home loans generated in the U.S. each year.

2 - Conventional loans

(a) - Are not backed by the government.

(b) - Include conforming and non-conforming loans (such as jumbo loans).

(c) - Make up more than 60 percent of the loans generated in the U.S. each year.

What is the difference between FHA, VA and USDA loans?

1 - FHA LOANS:

FHA loans, which are insured by the Federal Housing Administration, are typically designed to meet the needs of first-time homebuyers with low or moderate incomes. FHA loans can be approved with a down payment of as little as 3.5 percent and a credit score as low as 580.

FHA loans are often called “helper loans,” because they give a leg up to potential borrowers who may not be able to secure one otherwise. For this reason, FHA loans have maximum lending limits, which are determined based on housing values for the county where the for-sale home is located.

Because the agency is taking on more risk by insuring FHA loans, the borrower is expected to pay mortgage insurance both at the time of closing and on a monthly basis, and the property must be owner-occupied.

2 - VA LOANS:

VA loans are backed by the Department of Veterans Affairs and they are guaranteed to qualified veterans and active-duty personnel and their spouses. VA loans can be approved with 100 percent financing, meaning VA borrowers are not required to make a down payment.

Unlike FHA loans, borrowers do not have to pay mortgage insurance on VA loans.

3 - USDA LOANS:

You may also hear about USDA loans, which are backed by the United States Department of Agriculture mortgage program. USDA loans are intended to support homeowners who purchase homes in rural and some suburban areas. USDA loans do not require a down payment and may offer lower interest rates; borrowers may have to pay a small mortgage insurance premium in order to offset the lender’s risk.

What’s a conventional loan? Understanding what it means to be conforming and non-conforming

Buyers who have a more established credit history and a larger down payment may prefer to apply for a conventional loan. These loans may offer a lower interest rate and only require the home buyer to purchase monthly mortgage insurance while the loan-to-value ratio is above a certain percentage, so a conventional loan borrower can typically save money in the long run.

Conventional loans are divided into two types: Conforming loans and non-conforming loans.

1 - CONFORMING LOANS:

Conforming loans are those that meet (or conform to) predetermined standards set by Fannie Mae and Freddie Mac — two government-sponsored institutions that buy and sell mortgages on the secondary market. By selling the loans to "Fannie and Freddie," lenders can free up their capital and return to issue more mortgages than if they had to personally back every loan that they approve.

The main standard for conforming loans is that the amount borrowed must be under a certain amount; in Alaska, a single-family home loan must be under $647,200 in order to be considered conforming.

Properties with more than one unit have higher limits.

2 - NON-CONFORMING (JUMBO) LOANS:

But what happens if a borrower wants to borrow more than the Freddie- and Fannie-approved loan amount? In this case, they would have to apply for a “jumbo loan,” which is the most common type of non-conforming loan.

Because the lender cannot resell the jumbo loan (or any non-conforming loan) to Freddie Mac or Fannie Mae, jumbo loans are considered to be riskier than a conforming loan. To protect against this risk, the bank will typically require a higher down payment; the interest rate on a jumbo loan may also be higher than if the same borrower applied for a conforming loan.

What kind of rate should you choose?

Rate types: Fixed-rate vs. adjustable-rate mortgages.

In addition to the loan type you choose, you’ll also have to determine if you want a fixed-rate mortgage or an adjustable-rate mortgage (ARM). A fixed-rate mortgage has an interest rate that does not change for the life of the loan, so it provides predictable monthly payments of principal and interest.

An adjustable-rate mortgage typically offers an initial introductory period with a low-interest rate. Once this period is over, the interest rate adjusts periodically, based on the market index. The initial interest rate on an ARM can sometimes be locked in for different periods, such as one, three, five, seven, or 10 years. Once the introductory period is over, the interest rate typically readjusts annually.

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