Many people have heard of contingencies, but often don’t know what they are or how to use them. Contingencies in sale allow you to renegotiate the terms of an agreement once you learn more about the situation or information that wasn’t available at the time you signed it.
Contingencies are one of the more important parts of real estate contracts. But, they’re often overlooked by buyers and sellers alike. If you don’t know what contingencies mean or why you need them, it’s time to educate yourself on this essential part of any real estate contract.
In this blog of Pakistan’s top property portal, we have got you covered all about Common contingencies in real estate, what they are and why you need them. So stay on to know more about common contingencies in real estate!
The word contingent typically refers to something that depends on external factors. In the context of real estate, it refers to a sale that is subject to the fulfillment of the contract's conditions. In simple words, it is a kind of agreement between the seller and the buyer, which states that if a condition of sale is not met, then the agreement will be void. However, the sale will proceed if both parties fulfill all of the agreement's requirements.
Buyers and sellers can include many contingencies to protect themselves during the escrow process. These contingencies provide either party with an opportunity to get out of the deal without incurring a large financial loss if something goes wrong.
Following are some major contingencies in real estate transactions.
• The Mortgage Contingency
It is a provision that gives the buyer the right to terminate the purchase agreement if they are unable to receive funds. This condition implies that the buyer has a certain period to find financing or lose the house. Usually, it's 90 days from when the buyer signed the agreement.
However, some lenders might want 180 days for loans larger than $750,000. If the borrower does not close on the property by this date, then he loses his deposit and can't get his money back from either party.
• The Inspection Contingency
An inspection contingency is a contract clause that says that the buyer's purchase of the property is contingent on the condition of the property being satisfactory to a third party. The sale won't be closed if the property doesn't satisfy these conditions. Furthermore, the third party could be an inspector or an attorney who will examine all aspects of the property for defects or damages. For example, if there is evidence of water damage in one room, the buyers may choose to walk away from the deal. However, if there are no major flaws found with this particular house after an extensive examination by professionals and buyers find that it meets their needs otherwise, they can negotiate a new price with the seller based on their revised budget for repairs and Should Invest in Real Estate for new opprotunies.
• Appraisal Contingency
It is a condition that states the buyer has the option to request an appraisal of the property before making a purchase.
If an appraisal comes back higher than the asking price, then a purchase contract can be created at that price.
Buyers need to know about this because it protects them if their home doesn't appraise for as much as expected.
• New Housing Contingency
Most home buyers will ask their agent to put in a housing contingency that allows the buyer to back out of the sale if they can't find a suitable new home. It is because most people have to sell their current house before buying a new one, so buyers need to know that there is time to search for a new place. The housing contingency typically lasts for about six months.
There may be several contingent headlines in real estate listings that, at times, seem completely odd to you.
The following table will clear up any misconceptions you may have regarding the various conditional statuses.
Continue to Show Contingent It means that the contract is final when both parties agree to the contingencies No Show Contingent This indicates that the owner has reached a decision and no longer wishes to list the house for sale. Kick-out If the associated contingencies are not satisfied by a certain date, the seller may decide not to move further with the offer. Without Kick-out If the owner has accepted a conditional offer but has not established a timeframe for the fulfillment of the conditions. Short Sale Contingent It suggests that the owner has accepted a deal and is prepared to sell their home for a price lower than what they pay their creditor. You must take step to register the property; the Guide for Property Registration is here.
Many newcomers to the real estate sector frequently misunderstand the phrase "pending." They might believe that the terms contingent and pending have the same meanings in real estate listings. But it's not true. You should be aware of the slight difference between contingent and pending. A contingent offer is conditional on the sale of a property, which means that the offer is not binding until all contingencies have been met. On the other hand, a pending offer is an unqualified contract between two parties. It means that once it is accepted by both parties and signed by all required parties, the agreement becomes binding.
• How long does it take to go from contingent to pending?
Generally, it will depend on how quickly the buyer's loan is approved, if there are any issues with the property that need to be addressed, or if there is an issue with your credit score. Once all of these have been resolved by concerned parties, the deal will become official.
However, you may expect four to nine days for a contract to go from contingent to pending.
That's all about contingencies in real estate. Hopefully, this helped clear some things up. Moreover, contingent contracts are one of the most important parts of a good transaction. If you want to be sure that your contract will close on time with little stress or haggling back and forth with the seller, make sure to include contingencies! They can help cover any changes that might occur during the process of selling a property.