Buyers and Sellers: Home Sale Contingency

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Being familiar with any contingency clauses applicable to your home is important if you are a first-time home buyer or seller. These clauses can be very helpful and save you time, money, frustration, and a lot of hassle down the road.

What does Contingent mean in real estate?

To protect buyers and sellers, contingency clauses can be added to the contract. These clauses provide guidelines and actions that both the buyer and seller must follow for the contract’s binding effect.

These are the most common contingency clauses in real estate contracts:

  • Home Sale Contingency
  • Inspection Contingency
  • Appraisal Contingency
  • Financing Contingency
  • Kick Out Clause

Each one of these contingency provisions has a special role in protecting your wallet and interests before you sign a real estate contract. Remember that contingencies can be tailored for both buyers and sellers, so your options are limited to what is in your clause.

Home Sale Contingency

The home sale condition is a common clause that both buyer and seller agree upon in real estate agreements or offers. This clause will lock the buyer into an offer for a set period and enable them to sell their home to purchase their next one. Most home sales contracts include a home sale contingent clause. This is because most buyers will need to sell their homes to be able to purchase their next home.

Pro Tip – Home Sale Contingency Clauses are an important step before paying off the mortgage.

One of two possible outcomes can occur when a home sale contingency clause is in place. Either the buyer sells the home before the deadline, or the contract is terminated if the buyer fails to sell the home before the deadline.

Types of Home Sales Contingency Clauses

There are two types of home sale contingency clauses.

  • Sale and Settlement Contingency
  • Settlement Contingency

settlement contingency gives buyers extra time to sell their existing home without losing any offer they submitted for their dream home.

Sellers can market their homes as long as they have a sale and settlement contingency. This will allow them to keep it in the public eye until the buyer is ready to buy it. Sellers can terminate a contract if they receive and accept a better offer. The seller must return any money the contingent buyer has paid if they terminate the contract.

settlement contingency can be used by buyers who have accepted an agreement on their home and have a settlement date and contract for the sale. They are protected for a certain period from losing their offer to purchase another home if the sale is cancelled.

Home Inspection Contingency

The home inspection contingency (also known as the due diligence contingency) allows buyers to cancel a contract if they find critical issues that the seller refuses to correct or compensate. A professional home inspector should be hired before you buy a house.

The home inspection contingency is similar to lemon laws protecting you from buying an unreliable car. It is possible to think that your home is safe and sound. However, if you look at the structure, serious problems may require costly repairs.

The buyer can approve the home inspection service in new smyrna beach fl, move forward or back out of a contract due to unanticipated issues. They can also request additional inspections or ask the seller to pay for repairs. The buyer can withdraw from the contract if the seller refuses to pay for repairs.


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