Most guidance around the option period focuses on the buyer's risk of losing the fee. It is easy to forget the option cuts the other way too, the seller has taken on an obligation the moment they accept your fee and grant the option.
What the seller commits to by granting the OTP
When a seller accepts your option fee and grants you an OTP, they are agreeing to a specific and binding commitment, not to sell the property to anyone else, and to sell it to you at the agreed price if you exercise within the option period. This is the entire point of paying an option fee, it buys exclusivity. The seller does not retain a right to change their mind if a better offer comes along, or simply decide they no longer want to sell.
If the seller tries to back out before you exercise
A seller cannot lawfully sell the property to another buyer, or simply refuse to honour the option, while your option period is still running. If this happens, and you still wish to exercise, you generally have legal recourse, the seller has breached the option agreement they signed. What that recourse actually looks like, whether it results in the seller being compelled to complete the sale or in a claim for damages, depends on the specific wording of the contract and the circumstances, which is exactly why a lawyer needs to review your document and act quickly if you suspect the seller is trying to back out.
If the seller refuses to complete after you exercise
Once you exercise the OTP, it becomes a binding Sale and Purchase Agreement. A seller refusing to complete at this stage, for example trying to withdraw because they received a higher offer, or simply changing their mind, is a clear breach of a signed contract. The legal position here is generally stronger for the buyer than in the pre exercise stage, since a binding contract, not just an option, is now in place, but the specific remedy still depends on your contract terms.
What commonly goes wrong
This scenario is uncommon compared to buyers struggling to exercise, but it does happen, particularly in a fast rising market where a seller receives a significantly higher offer shortly after granting your option. Buyers sometimes assume nothing can be done once a seller has decided not to proceed, and let the matter drop rather than seeking legal advice, when in fact the option or the exercised contract may give them real standing to insist on the deal, or to claim compensation.
What to do if this happens to you
- Do not accept a returned option fee as the end of the matter without first understanding your rights under the contract.
- Engage a lawyer immediately, timing matters, especially if the property risks being sold to someone else.
- Keep all correspondence with the seller and their agent in writing, this becomes important evidence if the matter proceeds further.
Frequently asked questions
Can the seller simply return my option fee and cancel the deal?
Not without consequence. Once granted, the option obliges the seller to honour it for the full option period, returning the fee does not automatically release them from that obligation if you still wish to exercise. What actually happens depends on the contract and should be confirmed with a lawyer.
What if the seller sells the property to someone else while I hold the option?
This would be a breach of the option agreement, since granting you the option is meant to take the property off the market for the exclusivity period. You would likely have legal recourse, the specific remedy depends on the contract and circumstances, a lawyer should be engaged promptly.
Does the same protection apply once I have exercised the OTP?
Yes, and more strongly. Once exercised, the OTP is a binding Sale and Purchase Agreement, and a seller refusing to complete at that stage is a clear breach of contract with established legal remedies, again subject to the specific contract terms.
Worried a seller might not honour your option?
Winfred flags seller reliability signals early and gets your lawyer involved fast if something looks off, so you are never left guessing about your position.
Book a free 30 minute callWinfred Quek is an Associate Marketing Consultant at Crestbrick Pte Ltd (CEA Licence No. L31010886H). CEA R073319H. This page is for general information only and does not constitute financial, investment, or legal advice. If a seller reneges on an option, engage a lawyer promptly to confirm your specific rights and remedies. Rates and rules reflect the position as at 9 Aug 2026; verify current figures with IRAS, HDB, or MAS before making any decision.