Short answer. No. Because you paid for the option, the seller cannot withdraw the offer before your 30 days expire. Article 1324 of the Civil Code makes an option founded on consideration — something paid or promised — irrevocable for the agreed period.
What the law says
except when the option is founded upon a consideration, as something paid or promised
Civil Code, Article 1324 — Withdrawal of Offer; Option Contracts. Read the full provision →
What Article 1324 says about option contracts
The Civil Code sets a default rule: an offerer who allows a period for acceptance may withdraw at any time before the other party actually accepts — by communicating that withdrawal. That is the general rule. The exception, which is what protects you, is that the offer cannot be withdrawn during the period when the option is founded upon a consideration, as something paid or promised. You paid for the option, so the exception applies.
What counts as 'consideration' for the option
The consideration that makes an option irrevocable does not have to be a large amount — it must simply be something of value given in exchange for the seller's commitment to keep the offer open. A separate option fee, even a modest one, is the clearest example. The statute also covers a promise to pay, not only actual payment, so an agreed but not-yet-paid fee can still lock the offer. What will not work is a purely gratuitous option — one where the seller promised to hold the offer open but received nothing in return. That kind of promise can be withdrawn before acceptance.
What the seller can and cannot do during your 30 days
During the option period the seller must keep the offer on exactly the terms you agreed. The seller cannot increase the price, add new conditions, or declare the offer cancelled. If the seller purports to withdraw despite your paid option, that purported withdrawal has no legal effect — the offer remains open and you may accept within the period. The seller may, however, accept from someone else if you have not yet exercised your option and the option period has lapsed. Timing therefore matters: exercise before the period ends.
Exercising the option and what happens next
To exercise the option you must accept the offer within the 30-day period and communicate that acceptance to the seller. Once you do, a binding contract of sale is formed on the agreed terms. At that point neither party can walk away without consequence — the transaction has moved from option to contract. If the seller then refuses to proceed, you would have a cause of action for breach of the resulting sale contract, not merely for breach of the option. Keep written evidence of both your payment for the option and your timely acceptance.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Philippine National Oil Company and PNOC Dockyard & Engineering Corporation vs. Keppel Philippines Holdings, Inc, G.R. No. 202050, July 25, 2016 — read the decision on LawPhil →
- Archbishop Fernando R. Caplla, et al. vs. the Hon. Commission on Elections/Solidarity for Sovereignty, etc., et al. vs. Commission on Elections/Teofisto T. Guingona, et al. vs. Commission on Elections, et al./Tanggulang Demokrasya, Inc., et al. vs. Commission on Elections, et al, G.R. No. 201112 / G.R. No. 201121 / G.R. No. 201127 / G.R. No. 201413, June 13, 2012 — read the decision on LawPhil →
- Roberto D. Tuazon vs. Lourdes Q. Del Rosario-Suarez, et al, G.R. No. 168325, December 13, 2010 — read the decision on LawPhil →
- Dr. Daniel Vazquez, et al. vs. Ayala Corporation, G.R. No. 149734, November 19, 2004 — read the decision on LawPhil →