10 Contingencies

Real estate contingencies are conditions that must be met for a real estate transaction to proceed as planned. They protect buyers and sellers by allowing them to cancel the contract or negotiate changes if certain conditions are not satisfied. Here are some common types of real estate contingencies:

1. Financing Contingency: This contingency allows the buyer to back out of the deal if they are unable to secure a mortgage or financing within a specified time frame. If the buyer cannot obtain financing, they can cancel the contract without penalty.
2. Appraisal Contingency: This contingency stipulates that the property must appraise for at least the purchase price. If the property appraises for less, the buyer can negotiate a lower price, request that the seller make up the difference, or cancel the contract.
3. Home Inspection Contingency: A home inspection contingency allows the buyer to have the property inspected by a professional inspector. If significant issues or defects are discovered that the seller is unwilling to address, the buyer can either request repairs or walk away from the deal.
4. Sale of Existing Home Contingency: In situations where a buyer needs to sell their current home to purchase a new one, they may include a contingency that allows them to cancel the contract if their existing home does not sell within a specified time frame.
5. Title Contingency: This contingency ensures that the property's title is clear and free of any liens, disputes, or other issues. If title problems arise, the buyer can request that the seller resolve them, or they can choose to terminate the contract.
6. Home Sale Contingency: Sellers may use this contingency if they need to find a new home to buy before they can sell their current property. It allows them to cancel the sale if they are unable to secure a new home within a specified time frame.
7. Insurance Contingency: Buyers may include an insurance contingency to ensure they can obtain homeowners insurance at a reasonable cost. If insurance is not available or is prohibitively expensive, the buyer can choose to cancel the contract.
8. Due Diligence Contingency: This contingency gives the buyer a specified period to conduct various due diligence activities, such as reviewing HOA documents, zoning regulations, or environmental reports. If they uncover any issues that make the property undesirable, they can back out of the deal.
9. Satisfactory Walkthrough Contingency: This contingency allows the buyer to do a final walkthrough of the property just before closing to ensure it is in the same condition as when they made the offer. If they find significant issues, they can address them before closing or potentially cancel the transaction.
10. Mortgage Contingency: In addition to a financing contingency, some contracts may include a specific mortgage contingency that outlines the terms and conditions of the loan, such as interest rate, loan amount, and loan type.

These contingencies are negotiable and can vary depending on local real estate practices and regulations. It's essential for both buyers and sellers to understand the contingencies included in a real estate contract and how they can impact the transaction. Legal advice and guidance from a real estate professional are often recommended when dealing with contingencies in a real estate transaction.