Why NOW is the Ideal Time for Buyers to Leverage Contingencies in Real Estate

by Olivia Bardinelli

Change is a constant in life. Whether you're relocating for a job, seeking a fresh start, or simply craving a change of scenery(energy), the decision to buy a new home is a monumental one. If you're considering diving into the current real estate market to find some new home or investment options, now is an opportune moment, especially for those who want to make the most of contingencies.

Contingencies on a real estate sales contract give the buyer more flexibility in their purchase agreement, allowing them to purchase a property under certain conditions.  It allows negotiations and opportunities for them to cancel a deal if it does not meet their needs for various reasons.

The current fall/winter 2023 and early 2024 real estate landscape offers buyers an unprecedented level of flexibility. With the right contingencies in your corner, you can ensure that your purchase is not only a sound investment but also aligns perfectly with your unique needs and circumstances.

But what exactly are these contingencies, and why are they so crucial? Let's delve into the top 7 most commonly used purchase contract contingencies in real estate:

1. Home Inspection Contingency: This is a buyer's safety net. It allows you to have the property professionally inspected. If any major issues are uncovered, you can renegotiate, request repairs, or even withdraw your offer without any financial repercussions.

2. Financing Contingency: This contingency is all about ensuring you can secure the necessary funds. If, for some reason, you're unable to obtain a mortgage, this clause lets you back out of the agreement without any penalties.

3. Appraisal Contingency: This ensures that the home's value matches or exceeds the purchase price. If the appraisal falls short, you have the leverage to renegotiate or, if necessary, walk away.

4. Title Contingency: This is about dotting the i's and crossing the t's. Before the deal is sealed, a title company will verify that the property's title is free from any encumbrances or disputes. If any arise, you're free to back out.

5. Home Sale Contingency: If you're selling a home to buy, this contingency is invaluable. It allows you a specified period to sell your current home, ensuring you're not saddled with two mortgages. If your home doesn't sell in time, you can withdraw without any penalties.

6. Insurance Contingency: In certain areas or property types, obtaining homeowners' insurance can be tricky. This contingency ensures that if you can't secure the necessary insurance, you're not bound to the purchase.

7. HOA/Condo Review Contingency: For properties within a homeowners or condo association, this clause allows you to review and approve the association's regulations, fees, and meeting minutes. If anything doesn't sit right, you can opt out of the purchase.

In today's market, contingencies are more than just safety nets; they're powerful negotiation tools. Sellers are increasingly receptive to buyers' needs, making it a prime time to leverage these clauses for maximum benefit.

The journey to purchasing a new home is filled with excitement, anticipation, and, naturally, a fair share of anxiety. However, by understanding and harnessing the power of real estate contingencies, you can navigate this market with confidence and peace of mind. Now is the time to make your move, and with these contingencies in your toolkit, you have more information to achieve your real estate goals and make a move that works for your needs.

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