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Home Sale Contingency-A House of Cards?

© 2007 Complete Books Publishing, Inc.
Summary: A contingency is a condition that must be satisfied before the contract is binding. A home sale contingency generally means that the buyer must secure a valid contract on her house or your contract is void.
Real estate contracts subject to a home sale contingency can be risky for you. Real estate contracts subject to a home close contingency can be even riskier.

Where your real estate contract has a home sale contingency, the buyer has a specified period of time to get his own house under contract. Obviously, if during the specified period the buyer doesn't get a contract on her house, you do not have a contract either.

If the contingency is dependent upon her deal closing, as with a home close contingency, it is even riskier. Until your buyer has sold her house and the deal has closed she can give you notice and cancel the contract.

I recommend that if you accept a contract subject to a home sale or home close contingency, you continue to actively market your house. It is also a good idea to learn as much as you can about the house your buyer is selling. If it is already on the market and, if so, how long has it been on the market. Check to see that it is priced appropriately. Also, if it is listed with a real estate agent, ask your buyer if you can talk to her agent. An experienced agent, especially one who has been through slow markets before, should have some insight as to how long it will take to sell.

If your buyer has already sold her house, but it has not yet closed and you have a home close contingency in your real estate contract, you should ask your buyer about her buyer and how secure her deal is. In today's tricky mortgage market, you need to be careful not to base your deal on a house of cards. If your buyer's deal is solid yours should be too.

This might also be a good place to check with a real estate lawyer to step in to help protect you.

NOTE: Contracts with home sale or home close contingencies should include a kick-out clause. This way if you get another offer the buyer has a specified (in the contract) number of hours, say 24 -72 after you notify her, to remove the contingency or your contract with her is void.

REMEMBER: If your buyer decides to remove the contingency, be sure to get documentation from her lender that she has qualified for a bridge loan or some other satisfactory assurance so that she will be able to close the sale. Make sure the lender is solid. Today, even formerly solvent lenders are having liquidity problems, assuming they are still in business.

see Mortgage Contingency

see Real Estate Contract ABC's - The Basics.

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home sale contingency, home sale contract, contingency contract, contingency contracts