Committee weighs fixes for option and additional option‑fee handling

Jul 10, 2026

Members debated consolidating payment routing for additional option fees, requiring 'nominal consideration' to preserve enforceability, and clarifying whether fees go to escrow/title or seller; staff will draft redlines and monitor title practices.

The full story

Committee members discussed long‑standing field problems about how option and additional option (extension) fees are paid and credited. Brokers described cases where additional option fees were not credited at closing or title refused to record credits; an attorney explained the courts treat nominal consideration and short timeframes as sufficient support for an option right (citing the JPitch line of authority). One attendee summarized the practical problem: “We just need it all to go to one place.”

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