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Derek Morgan
Derek Morgan
What is a Contingency in Real Estate
Derek Morgan
Derek Morgan

    What does "Contingent" mean in Real Estate?

    Introduction to Contingencies in Real Estate Transactions:

    Protecting yourself as a buyer by including contingencies in your offer could be one of the wisest decisions you make when purchasing a new home. Especially for first time buyers, contingencies can alleviate the worry of “what if the sale purchase doesn’t go as planned?” Contingencies are clauses that allow you to back out of the sale or negotiate further if certain conditions are not met. They help to mitigate risk and ensure that the home buying process goes smoothly. There are several common contingencies that you should be aware of as you begin your home search.

    Explanation of Home Inspection Contingency

    One of the most important contingencies to include in your offer is a home inspection contingency. This permits you to hire a professional inspector to assess the condition of the home and make sure it meets your expectations. During the inspection, the inspector will look for any defects or issues with the property, such as plumbing or electrical problems, structural issues, or pest infestations. If any major issues are found, you can use the home inspection contingency to renegotiate the sale price or ask the seller to make repairs before closing.

    Explanation of Mortgage Contingency

    A mortgage contingency gives you a specific period of time to secure financing for the home. It's essential to get pre-approved for a mortgage before making an offer to show that you are a serious buyer. However, even with pre-approval, there is still a chance that your mortgage may not be finalized due to changes in your financial situation or issues with the property. With a mortgage contingency, you can back out of the sale without penalty if you are unable to secure financing.

    Explanation of Appraisal Contingency

    An appraisal contingency could also be an important clause to include in your offer. This guarantees that the sale price of the home reflects its actual value and protects the lender from offering a loan that is larger than what the home is worth. The lender will hire an appraiser to assess the value of the property, and if the appraisal comes in lower than the sale price, the appraisal contingency can be used to renegotiate the price or walk away from the deal.

    Explanation of Title Contingency

    A title contingency protects you as the buyer by confirming that there are no claims against the title of the property. If there are liens or other issues with the title, it could make the sale riskier for you. A title contingency allows you to back out of the sale or continue negotiating if any issues with the title are discovered during the closing process.

    Explanation of Home Sale Contingency

    If you are planning to sell your current home before investing in a new one, a home sale contingency might be a good thing to include in your offer. It could protect you financially in case your current home does not sell before you make an offer on a new one. If your current home doesn't sell as expected, you may need to take out a bridge loan or ask for a later-than-normal closing date on the new home. The home sale contingency allows you to do this without penalty.

    The Importance of Pre-Approving Your Mortgage

    As previously discussed, getting pre-approved for a mortgage before making an offer puts you in a stronger position to negotiate while proving you as a serious buyer. Pre-approval also helps you to figure out what you can afford and narrow down your home search to properties that fit within your budget. When getting pre-approved, be prepared to provide the lender with information about your income, assets, debts, and credit history.

    Tips for Maintaining Financial Health During the Purchase Process

    During the home buying process, double check that you have no unexpected financial surprises before you finalize your mortgage loan. Here are a few tips to help you stay on track:

    • Avoid making any major purchases or taking on new debt. Lenders will be reviewing your credit history and financial situations at each major transition of the loan process, as well as before closing. Any changes could affect your ability to qualify for a mortgage.
    • Keep track of your spending. It's easy to get caught up in the excitement of home shopping and overspend. You can prevent this by budgeting for all costs associated with buying a home, like closing costs, moving expenses, and repairs or updates that might be necessary.

    • Keep your credit score in check. Your credit score plays a major role in determining your mortgage rate and loan terms. Make sure to pay your bills on time and keep your credit card balances low under 30% to maintain a good credit score.

    Strategies to Consider if Your Offer is Rejected Due to Contingencies

    There may be times when sellers reject offers due to certain restrictions, such as a home inspection contingency or a mortgage contingency. If this happens, there are a few strategies you can keep in mind to try to move forward with the sale:

    • Offer to waive the contingency. If you are confident in the condition of the home and have already secured financing, consider waiving the relevant contingencies in order to make your offer more attractive to the seller.
    • Negotiate a later closing date.
      If you are unable to secure financing within the specified time frame, or are waiting for your current home to sell, you may be able to settle on a later closing date with the seller. This gives you more time to meet the necessary contingencies and move forward with the sale.
    • Negotiate for repairs or credits. If the issue is something that can be fixed, such as a plumbing problem or a roof repair, try negotiating with the seller to have them make the required repairs or provide a credit at closing to cover the cost.
    • Consider a bridge loan. If you are waiting to sell your current home before purchasing a new one, you may be able to take out a bridge loan to cover the down payment and closing costs for the new home. Then you can move forward with the purchase while you wait for your current home to sell.
    • Negotiate a later closing date. If you are unable to secure financing within the specified time frame or are waiting for your current home to sell, you may be able to negotiate a later closing date with the seller. This gives you more time to meet the necessary contingencies and move forward with the sale.

    Conclusion: The Importance of Understanding Contingencies in Real Estate Transactions

    Contingencies are essential to protecting you financially and ensuring that your home-buying process goes smoothly. Understanding your options and how they will impact you can make a massive difference as you begin home-hunting. By including the right contingencies in your offer and maintaining financial health during the process, you’ll feel more confident and more prepared as you navigate the exciting world of real estate.

    If you’re ready to sell your home, visit unrealestate.com/sell to start a listing on the MLS for free, or find your perfect home at unrealestate.com/search.

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