Real Estate Options in Texas

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  • A lease option or a buy option, as far as I can decipher from here and Google, both qualify as an executory contract in Texas. And as far as executory contracts in Texas I’m staying away from them. Sounded like solid advice and I’m in no way experienced enough to go against it.

    However, it looks like this complication only applies to properties that qualify for the homestead exemption or for options longer than 6 months. So am I right in assuming that investment properties and options up to 179 days are still on the table?


    Yes — options not combined with a lease as well as options on commercial property are not affected.

    Most of these laws are on the books in an attempt to protect the consumer.
    But commercial/investment transactions are not.

    For example: a tenant buyer who will use the property as their residence is protected under current Texas law.
    A landlord using a lease/option

      to acquire

    is not.

    Hope this helps,



    Knowing my left and right limits is a tremendous help. Thank you.



    Glad I was helpful.
    If you have more questions, please reach out.


    Exception is if you buy a title policy. You can have an option for more than 180 days. With disclosures Period!

    Texas is a full disclosure state!

    in Texas, you can BUY with a lease option all day long (but buying with seller financing is better)

    But, in Texas, you cannot sell with a lease option.

    All the Texas laws are applicable to a Homested, if it is a homestead these laws are appicable, if it is not a honestead you can buy sell all day long!

    I have never seen anything that the executory contract laws do not apply to non-homestead properties. (owner occupant).

    Can you share a link to that law please and not just what some guru selling lease option courses wrote.

    Executory Contract Laws in Texas – explained by a lawyer

    Executory Contracts in Texas

    Executory Contract Laws in Texas – explained by a lawyer. This is why you do not ever want to sell any property in Texas with a Lease Option.

    Executory Contracts in Texas

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