Contingency

Definition:

A contingency is a condition or requirement that must be met for a real estate transaction to proceed. If a contingency is not satisfied, either the buyer or the seller can back out of the deal without penalty. Common contingencies include financing, home inspections, appraisals, and the sale of the buyer’s existing home. Contingencies provide protection for both parties, ensuring that certain conditions are met before the sale is finalized.

🔍 Did You Know?
In a competitive market, some buyers may choose to waive certain contingencies to make their offer more attractive to the seller, though this can increase their risk.

Examples:

Example 1:
A buyer makes an offer on a house with a financing contingency, meaning the sale is dependent on the buyer securing a mortgage. If the buyer is unable to get financing, they can withdraw from the deal without losing their earnest money deposit.

Example 2:
A home inspection contingency allows the buyer to inspect the property before finalizing the sale. If the inspection reveals significant issues, the buyer can negotiate repairs or cancel the contract.

Why It’s Important:

Contingencies protect both buyers and sellers by ensuring that key conditions, such as securing financing or addressing repairs, are met before a transaction is finalized. For buyers, contingencies provide peace of mind and reduce the risk of purchasing a property with hidden issues. Sellers also benefit from contingencies by having a clear understanding of the terms that must be satisfied for the deal to close.

Who Should Care:

  • Homebuyers who want to protect themselves from potential risks in a real estate transaction.
  • Sellers who need to understand the contingencies in offers they receive to assess the likelihood of the sale closing.
  • Real estate investors who may want to include or negotiate contingencies when buying or selling properties.

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