Contingencies to Consider when buying a Home
Anthony  Loffredo
Anthony Loffredo
Owner/Broker

Contingencies to consider in your offer when BUYING A HOME

Buying your first home can be exciting yet slightly stressful. After visiting numerous houses and finally finding “the one,” you’re ready to make an offer. But before you do, consider potential hazards and buyer safeguards. For instance, the ability to withdraw your offer if major repair issues arise, like foundation cracks or roof leaks. Here are nine common homebuying contingencies to consider, though you can legally include any contingency you wish in an offer.

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1) Home inspection contingency

You should always request a home inspection as the buyer. A qualified and experienced home inspector will search for structural flaws as well as problems with the house’s systems (such as the plumbing, electrical, and HVAC) that may not be apparent to the buyer. You can suffer a sizable financial loss if you buy a house that ultimately needs extensive repairs. The inspection contingency gives you the option to back out of the agreement if a significant problem is found, protecting you from making a bad investment in real estate.

Pro tip: TnL Home Inspections shares, “A professional home inspection is an important step in buying or selling a home because it allows the client to negotiate the sale price, repairs, or move on to another property.”

2) Appraisal contingency

Your lending institution nearly always requires an appraisal contingency if you’re taking out a house loan since it protects lenders more than it helps the consumer. In the event that you default on your loan, it assures your lender that the house is worth the amount you are paying for it and that they will be able to recoup their costs by selling the house.

However, if your home appraisal is positive and the value is more than your purchase offer, you may feel more at ease knowing that you are purchasing a property with immediate equity. You can also back out of the purchase of the house if the appraised value is lower than the asking price if there is an appraisal contingency in place.

3) Financing contingency

A provision in your offer known as a finance contingency gives you the right to withdraw if you are unable to obtain a mortgage to purchase the property. Both the bank and the homebuyer are safeguarded by the financing contingency. It allows you to reject an offer if you can’t afford it while simultaneously giving the bank a chance to check your credit history, income levels, and what you can realistically afford.

A finance contingency protects the buyer in case they are denied a loan or the interest rate rises, but the seller may lose their buyer and the closing may not go through, according to Connecticut Real Estate Closing Attorneys.

4) Home sale contingency

For buyers who require the equity from the sale of their existing house to buy the next one, this contingency is typical; the equity is typically used for the down payment and closing costs. Not every homebuyer can manage to pay two mortgages while holding out to sell their present house, even if they have the money for a down payment. If buyers are unable to sell their current house by a certain date, they have the choice to cancel the transaction.

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5) Clear title contingency

The ownership of the home and any mortgages against it are listed on the property title. To make sure there are no outstanding judgments or contractor liens, title agencies run a title report. The buyer may demand that the seller pay any debts or judgments found in the report prior to the closing. This contingency gives the buyer the option to back out of the transaction if certain things are not resolved prior to closing.

Pro tip: “Check with the County Recorder to get copies of papers that have been recorded. To avoid fraud, most countries take this action. According to The Law Offices of R., “Title Lock” services are sold by some businesses but are not necessary. Rodriguez, Grace. “These businesses will only notify you if something is recorded on your premises, not otherwise. Check with your county to see if they already do this to save yourself money.

6) Kick-out contingency

The kick-out clause permits sellers to advertise their home even if it is subject to another contract. The kick-out clause enables the seller to reject the first buyer’s offer and accept another one. The seller of the home is not required to wait for the sale of another home before selling their own. The initial offer’s homebuyer has a few days to remove the home selling condition or withdraw the deal.

7) Home insurance contingency

Lenders demand homebuyers to begin a house insurance coverage before the final loan is approved as a condition of financing. If something occurs after the seller vacates the property but prior to the buyer moving in, this protects the property. The lender is safeguarded by this contingency, which also enables them to recoup the mortgage balance. Either party may withdraw from the sale if the buyer is unable to obtain insurance on the property.

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8) Homeowners Association (HOA) contingency

Homes or condominiums that are managed by a homeowner association are covered by the HOA contingency. Buyers are allowed to examine the HOA documents and agreements. If necessary, contingency can assist them in pulling out of the contract. If moving to a HOA region, take into account a HOA contingency.

9) Move-in early contingency

If the seller agrees, this condition enables a buyer to occupy a home before the deal is officially closed. If a buyer moves in ahead of schedule, it becomes more difficult to back out of the contract if other contingencies are not met. The seller has the right to evict the buyer if the transaction fails. Most real estate agents would advise the seller not to accept a bid that includes a condition for an early move-in.

Recall that all real estate contracts are contingent contracts, according to Real Consultants Mortgage. Real estate contracts often include contingencies to ensure everything is satisfactory before the sale is finalized. The contract ensures that all potential issues are resolved.

Both homebuyers and sellers benefit from the protection offered by contingencies. Contingencies for the buyer shield them from a variety of unknowns regarding the property itself and the actual buying process. Although they can be seen as possible barriers by sellers. If the buyer has trouble finding financing or selling their current home, they establish an escape route. Ask your real estate agent which contingencies are most appropriate for your scenario. The current housing market is another factor.