We often get asked about the option fee with a “back-up” contract. If 买家 submit a backup offer and pay 卖家 an option fee, do the 买家 get their option fee back if they never become the first contract? 答案是否定的. The 卖家 keep the option fee even when the first contract doesn’t fall through. 通过支付期权费和备份合约, the 买家 pay for the right to terminate the contract even during the backup period. 买方无权仅仅因为他们选择不行使终止期权而获得期权费的退款.
大卫·琼斯,助理律师