
Few
purchase offers will be made without contingencies designed to protect
the buyer. Properly reviewing a home and preparing to close takes
time and money - and most buyers will want an "out" if they
find a problem. |

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A Red
Flag
Beware of any buyers who want an unreasonable set of contingencies.
You should not have a problem with a normal set of conditions,
but beware the buyer who attempts to tie up the property with
an extensive set of unnecessary clauses and contingencies. |
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Contract
Contingency Checklist
A home purchase contract typically includes
contingencies to protect the parties against uncertainties and to allow
the buyer sufficient time to complete the required checking and other
tasks prior to closing. Most of these contingencies will probably be included
in any contracts your receive.
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Attorney
Review.
Every home purchase contract should be expressly contingent upon review
and approval by an attorney.
Many states provide for an automatic review period regardless of the
specifics of the contract. |
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Financing.
The contract will probably be contingent upon the purchaser obtaining
a mortgage commitment within a set period of time. The contract generally
stipulates that the loan should be at "market" rates and terms - so
the buyer can't be compelled to accept an unfair loan if that is all
that is available. |
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Inspections.
The contract will probably allow the buyer a reasonable period of
time to arrange for required inspections. The exact inspections necessary
vary with area, but typically include general home inspection, termite/pest
inspection, and a radon test. |
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Appraisal.
This is partially covered with a financing contingency, since the
buyer will not obtain a mortgage if the property fails to appraise.
Nevertheless, it is sometimes included separately - for example, when
a buyer does not need mortgage but wants an appraisal anyway. |
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Repairs
and cleanup.
If the purchaser's willingness to buy is based upon certain action
by the seller - making a repair or removing excessive garbage or debris,
for example - the contract will probably contain an contingency to
that effect. |
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Sale
of buyer's home.
Some contracts are contingent upon the sale of the buyer's home to
another party. Be very careful with this type of contingency. |
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Special
contingencies.
Some transactions require special conditions. For example, if the
home needs a lot of work the buyer may want a contingency period to
get pricing from contractors. |
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