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Bank-owned properties: Watch for Passive Contingencies!!

By
Real Estate Broker/Owner with Metro Life Homes RS-78439 / BRE #01708344

If you are representing a buyer on a bank-owned property, make sure you read the bank addendum to the purchase contract THOROUGHLY AND COMPLETELY.

Some of the things you want to focus on are:

1. Closing date
2. Per Diem Charges
3. Inspection Periods
4. Credits to buyer / repairs to property

But most importantly, make sure you read the addendum and look to see if PASSIVE CONTINGENCIES are written into the contract.

Basically, passive contingencies state that once a contingency date has passed, it is AUTOMATICALLY DEEMED AS REMOVED - unless you alter that in writing perhaps in the form of an addendum to extend, etc.

it doesn't happen very often, but I have had a couple of bank owned properties that had the passive contingency clause in fine print.

Comments(1)

Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

Ralph, thanks for that heads up. I always feel like someone is going to sneak something in on me, LOL, and it appears they are! I will watch for that one.

May 17, 2009 10:42 AM