Contingencies in a real estate contract are provisions or conditions that must be met for the contract to be binding. They provide a way for the buyer or seller to back out of the contract or negotiate changes if certain specified conditions are not satisfied. Contingencies help protect the interests of both parties and ensure that the transaction moves forward smoothly. Here are some common contingencies found in real estate contracts:
- Financing contingency: This contingency allows the buyer to back out of the contract if they are unable to secure satisfactory financing for the purchase of the property. It typically specifies the type of loan, interest rate, loan amount, and other financial terms that the buyer must obtain.
- Appraisal contingency: An appraisal contingency states that the buyer can back out of the contract or renegotiate the price if the appraised value of the property comes in lower than the agreed-upon purchase price. This contingency helps protect the buyer from overpaying for the property.
- Home inspection contingency: This contingency gives the buyer the right to conduct a professional home inspection to assess the condition of the property. If significant issues are found during the inspection, the buyer can request repairs, credits, or negotiate a lower price. If the parties cannot agree on a resolution, the buyer may have the right to cancel the contract.
- Sale of existing home contingency: If the buyer needs to sell their current home to finance the purchase, this contingency allows them to back out of the contract if their home does not sell within a specified timeframe. It provides a safeguard for buyers who don't want to be responsible for two mortgage payments.
- Title contingency: This contingency ensures that the buyer will receive clear and marketable title to the property. If any issues with the title are discovered during the title search, the buyer may have the option to cancel the contract or require the seller to resolve the title issues before closing.
It's important to note that contingencies are typically time-bound, meaning that the buyer must act within a specified timeframe to exercise their rights under the contingency. If they fail to do so, the contingency may be considered waived, and the contract moves forward as planned, or even "as is." Real estate contracts can include additional contingencies depending on the specific circumstances and the needs of the parties involved.