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What Is An Active Option Contract

Ryan FitzgeraldRyan Fitzgerald
Mar 28, 2023 8 min read
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What Is An Active Option Contract
Chapters
01
What Is An Active Option Contract 
02
Should You Enter Into An Active Option Contract 
03
What An Active Option Contract Means For Sellers 
04
Active Option Contract vs. Active Contingent Contract 
05
Why Do Active Options Contracts Fall Through? 

Active Option Contract: What Does It Mean?

What is an active option contract? Follow along as we discuss what that means for you in the real estate process, what it means for both buyers and sellers, and more. 

Real estate terms and definitions can confuse those not in the field. When searching on listing sites, you are faced with various technical terms, legalities, and more. You find yourself wondering what the difference is between an active and a contingent listing or pending vs. under contract. One specific term that can show up on listing sites is the Active Option Contract. So, what does it mean? 

Let's discuss what an active option contract means for you, how to get to this step in the real estate process, and how to proceed from there. 

home inspection check list

What Is An Active Option Contract 

When a home is listed for sale, it is listed on active status, and any and everyone can submit an offer to purchase the home. It isn't until the seller accepts a specific offer that the status of the home is changed to an active option contract, and the transaction is in an option period. This time is essential for the buyer to perform their due diligence, typically an inspection, while they have the right to terminate the contract without risking their earnest money. The length of time the buyer has to perform their due diligence is outlined in the purchase contract as well as the option fee and the conditions under which they can terminate. 

Earnest Money and Option Fee 

Let's dive deep into what happens after you have entered into an active option contract.

Once the seller has accepted your offer to purchase, you, the buyer, will give the seller an earnest money deposit to hold your spot. Earnest money is defined as a deposit made to a seller that represents a buyer's good faith to buy a home. You are giving the seller earnest money to essentially put the house on hold while you perform your due diligence. You may only receive this money back if you terminate the contract for a reason outlined in the contract. However, if you terminate the contract for a reason not listed, the seller keeps the money. Additionally, if neither party backs out of the contract and the sale goes through, your earnest money goes toward the home's sale price. 

After your earnest money deposit is in the hands of the seller, you will want to schedule a home inspection. The buyer is responsible for paying for the inspection and the option fee if applicable. The option fee gives the buyer time to have a thorough inspection done before going through with the transaction. Unlike earnest money, the option fee is non-refundable until the end of the contract and then typically goes toward the sale. The seller will receive the funds if the sale does not go through. Option fees usually range from $100 to $300 and are not required in all states. 

You can determine an appropriate option fee amount by: 

  • Divide the seller's current mortgage payment by 30 days and then multiply the per diem by the number of days you need for the option. 
  • If the home is owned free and clear, the purchase price would be multiplied by 8%, divided by 365 days, to achieve your per diem amount. 

Getting An Inspection 

After all the appropriate fees are paid, the buyer will schedule an inspection of the home. An inspection is an objective visual examination of a house's physical structure and systems, from the roof to the foundation. An inspector will assess the property's condition, including its heating and cooling systems, plumbing, electrical work, water, sewage, safety issues, evidence of insect, water, fire damage, or any other problems that may affect the property's value. Buyers typically only have seven to ten days, so getting the inspection done during your allotted time is essential. After the buyer receives a complete detailed report, it's time to make a decision. Based on the inspection, do you want to go through with the sale or back out? 

You may want to back out if significant problems arise, like issues with the home structure, HVAC unit, or plumbing. These problems can be costly, so if the seller isn't willing to remedy the situation, it may be a deal breaker. During this time, if you back out, you will receive your earnest money back. 

home inspection report sheet

Should You Enter Into An Active Option Contract 

If you often worry, opting into an active option contract may be the best idea for you. Performing an inspection before the sale can give you peace of mind as you know what you're walking into. If you decide not to enter the option period, you may be met with unforeseen and expensive damages after the sale is complete. 

What An Active Option Contract Means For Sellers 

Selling your home and beginning new adventures can be very exciting, but it's a long process. After you accept an offer, the process for you is not over. Sales can and do fall through for various reasons or no reason at all. If the buyer still agrees to go through with the sale after the inspection is complete, they may ask for an ower sales price or negotiate repairs. Some pros of an active option contract as a seller are: 

You can still accept offers. 

A home in an active option contract has not officially sold. You can still make offers on the house, but it is a guessing and waiting game. If the buyer decides to back out during their option period, you then have a shot at the seller accepting the offer. Your contract is discarded if the buyer chooses to go through with the sale. 

Faster sale 

Since buyers are required to complete the inspection within the allotted time that was agreed upon, they often work faster, which ends in a faster sale. 

Active Option Contract vs. Active Contingent Contract 

While both statuses mean the seller has accepted an offer, the period after is different. In an active contingent contract, the seller has accepted the offer, but there are 'contingencies' that must be resolved before the sale can go through. A contingency is defined as a clause that buyers include when making an offer on a home that allows them to back out of buying the house if the terms of the clause aren't met. Contingencies can include an appraisal, mortgage, title and home inspection, the sale of a current home, etc. For example, you may see "the buyer's obligation to purchase the real property is contingent upon the property passing inspection."

The top 9 contingencies to consider when making an offer are: 

  • Home inspection 
  • Financing 
  • Appraisal
  • Home sale 
  • Clear title 
  • Kick-out
  • Home Insurance 
  • Homeowner's Association 
  • Move-in early 

home loans roadblock sign

To sum it up, an active option contract means a seller has accepted an offer, but the buyer hasn't 100% committed to the sale. A contingent contract means the seller has accepted the offer, but some aspects must be resolved before closing. You can still place an offer on a contingent home. However, chase mortgage company states that less than five percent of contingent offers fall through. 

Some buyers also see listings and will often confuse contingent and pending. If the status of the home is pending, it means that all contingencies have been met, and they are wrapping up the transaction. Agents typically stop accepting offers at the pending stage, but it does not mean the sale is 100% closed. Agents can still negotiate backup offers if there are last-minute roadblocks, including the buyer getting cold feet and backing out. 

Why Do Active Options Contracts Fall Through? 

There are various reasons why a contract can fall through; however, according to Trulia, only a little over 3% do. Some of the reasons contracts fall through are: 

  • Inspection: If significant issues arise during the inspection, the buyer may back out of the contract if the repairs are too costly, they don't want to deal with them, or the sellers won't repair them before closing. 
  • Financial Status: Many offers are contingent upon the buyer obtaining a mortgage or the appropriate funds. If the buyer is unable to, the contract falls through and is placed back on the market. 
  • Appraisal: Buyers will often want an appraisal and an inspection during a due diligence or option period. If the appraisal states that the sale price is higher than the homes worth, the buyer may back out. 
  • The buyer can't sell their house: Offers can also be contingent upon the sale of the buyer's current home. This occurs when the buyer finds their dream home but must sell their existing home before they can close. If the home cannot or doesn't sell within a specific time, the seller may back out of the contract. 

Listing Statuses 

woman holding a 'just listed' sign infront of a home

A few other listing statuses that you should be familiar with when browsing sites are: 

Active 

The home is officially for sale and listed on the multiple listing service. At this point, no offers have been accepted. 

Active under contract 

An offer has been accepted, but the sellers still receive backup offers. 

Closed

The agreement between the buyer and seller for the purchase of a home has been met, and the property is transferred and belongs to the new owner.

Expired

A listing will be considered expired if it does not sell in time. When listing your home for sale, you and your agent decide on the length of time the listing will be on the market. 

Temporarily off-market

The home is still don't the market, but there is a pause in showings and offers. 

Pending

The seller has accepted an offer, and no contingencies are to be met. The home is no longer active. 

Canceled

The contract is no longer active, or the listing is no longer qualified to be on the MLS. Sellers can cancel their listing if they change their mind, it's taking too long to sell, etc. 

FAQ

Can a seller accept other offers during the option period?

No. The seller may not accept offers from any other potential buyers while they are holding earnest money. 

What is the difference between an active option and pending?

AOC means the seller has accepted the offer, but the buyer is currently in their option period. Pending contracts mean the offer has been accepted, there is no option period to be had, and no contingencies to be met. 

What does AOC mean? 

A seller has accepted an offer to sell a home, but the transaction is in the inspection or "option" period. During this negotiated time, the buyer usually inspects and evaluates the property with the option of terminating the contract. 

Can the seller back out of an option contract? 

No. If the contract has been signed, the seller must uphold their end of it. 

Active Option Contracts - Final Thoughts

The various terms and legalities in real estate are difficult to understand, especially for first-time homebuyers who haven't gone through the process before. AOCs are often misunderstood, so we hope you are a little more confident using and identifying the term by the end of this. Active option contracts can be highly beneficial to buyers. Using this time to get an inspection saves you from numerous unforeseen damages after closing. If you waive your right to your option period, any damages that arrive after closing become your responsibility. You have the chance to avoid that, so we recommend taking it! 

If you are browsing our listing site and looking for your dream home, consider contacting one of our agents to help you in the process! Here at Raleigh Realty, we take pride in treating our clients with the utmost respect and do everything we can to find exactly what you're looking for. 

 

WRITTEN BY
Ryan Fitzgerald
Ryan Fitzgerald
Realtor

Ryan Fitzgerald is a top Realtor®, founder and owner of Raleigh Realty, one of the Triangle’s fastest-growing and most innovative real estate brokerages. Driven by a mission to be the best—not the biggest—brokerage in Raleigh, Ryan has built Raleigh Realty into a firm known for its cutting-edge marketing, high-performing agents, and culture rooted in collaboration, growth, and excellence.

Raleigh Realty

Under Ryan’s leadership, Raleigh Realty has become a top boutique brokerage in Raleigh-Durham, serving clients across Wake County and the surrounding areas. Raleigh Realty stands apart for its:

  • Top-Tier Agents – Every Realtor on the team is hand-selected for their skill, professionalism, and client-first approach. Raleigh Realty isn’t about quantity—it’s about quality.

  • Award-Winning Website – RaleighRealty.com is consistently ranked among the best real estate websites with incredible user experience, cutting-edge IDX technology, and hyper-local guides that help buyers and sellers navigate the market.

  • Inbound Lead Generation – With a strong focus on SEO and digital marketing, the brokerage generates a steady flow of organic leads, giving agents the opportunity to grow thriving businesses.

  • Supportive Culture – Ryan emphasizes mentorship, accountability, and autonomy—no micromanaging, just the right systems and tools for agents to succeed.

  • Community Focus – From neighborhood spotlights to relocation guides, Raleigh Realty is committed to being a resource for both buyers and sellers as they make one of life’s biggest decisions.

The firm continues to expand its reach, with the goal of 100 agents and $1 billion in annual sales volume by 2030—all while staying true to its boutique, client-centered values.

Awards & Recognition

Ryan already has notable public credentials and prestige:

  • He has been featured in outlets such as Forbes, Wall Street Journal, U.S. News, among others (as mentioned on the site).

  • Realtor Magazine named him a “Top 30 Under 30” in the country (as noted on his Raleigh Realty page).

  • Raleigh Realty is widely acknowledged in the local real estate community for its digital prowess and thought leadership.

  • The company is consistently ranked among the top real estate firms in Raleigh and is known for having one of the highest-traffic real estate websites in the region.

Community Involvement & Giving Back

Ryan’s leadership extends far beyond the closing table. He has built Raleigh Realty to be a company that actively gives back to the community and invests in making Raleigh a better place to live.

  • The Green Chair Project – Ryan and Raleigh Realty proudly support The Green Chair Project, a local nonprofit that provides essential furnishings and household items to families transitioning out of homelessness, crisis, or disaster. By partnering with this organization, Ryan helps ensure families have the comfort and dignity of a furnished home.

  • Food Donations & Drives – Raleigh Realty regularly organizes and contributes to food donation efforts, partnering with local pantries and organizations to help fight food insecurity across Wake County. These efforts bring agents, clients, and neighbors together to support those in need.

  • Local Events & Client Appreciation – Raleigh Realty hosts family-friendly gatherings such as pumpkin patch outings, coffee + donut socials, and seasonal celebrations designed to strengthen neighborhood bonds.

  • Supporting Schools & Youth Programs – Ryan partners with local schools and youth organizations to provide resources, sponsorships, and mentorship opportunities, ensuring that the next generation has access to growth and guidance.

  • Small Business Advocacy – Raleigh Realty proudly highlights and partners with local small businesses, amplifying their visibility and reinforcing Raleigh’s reputation as a vibrant place to live and work.

For Ryan, success is measured not just in sales, but in the lasting relationships and community impact Raleigh Realty leaves behind.

AgentLoft – Powering the Next Generation of Realtors

Ryan is also the visionary behind AgentLoft, a SaaS platform designed to help Realtors nationwide build their brand and generate leads. AgentLoft websites combine IDX technology, SEO expertise, and AI integration to give agents the competitive edge they need.

Personal Mission

As a proud father to his daughter Emma, Ryan’s mission is bigger than business. He’s dedicated to building a brokerage and a platform that create opportunity and stability for families, clients, and agents alike. His approach blends entrepreneurship with empathy—ensuring that Raleigh Realty continues to grow not just in sales volume, but in reputation, trust, and impact.


👉 Whether you’re buying or selling a home, or you’re a Realtor looking for the right brokerage to grow your business, Raleigh Realty—under Ryan Fitzgerald’s leadership—offers the expertise, technology, and community-minded culture to help you succeed.

Chapters
01
What Is An Active Option Contract 
02
Should You Enter Into An Active Option Contract 
03
What An Active Option Contract Means For Sellers 
04
Active Option Contract vs. Active Contingent Contract 
05
Why Do Active Options Contracts Fall Through? 
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