Special offer

It’s Time to Remove Your Contingencies

By
Real Estate Agent with eXp Realty of California, Inc. CA DRE #01490977

It’s Time to Remove Your Contingencies

 

When making an offer here in Carlsbad, buyers normally do so subject to a number of contingencies that are spelled out in the standard Residential Purchase Agreement (we know it as the RPA). The contingencies typically include the buyer investigation (inspections), seller disclosures, HOA documents, appraisal, and loan approval (if applicable - read Your Loan Commitment Has Conditions You Must Meet), among others [note – contracts differ from state to state as does the offer process - we are speaking specifically of the California contract here].

 

Do you due diligence on the home you are buying carefully before you remove the contingenciesThe default contingency, or due diligence, period in the RPA in CA is 17 days, which is negotiable between you and the seller, as are other inspectional time frames.

 

At the end of the agreed-upon time frame you are supposed to either remove the contingencies, using the Contingency Removal Form (CR), or decide to not move ahead. Some circumstances may require requests for a extension of time (e.g., not receiving the HOA docs in time; underwriter needs more time for loan approval).

 

The time to remove contingencies is, like making and waiting for offer acceptance, an emotional one. It’s a big decision to sign the Contingency Removal Form stating that you are willing to move ahead, having completed your investigations and knowing what you know about the property, and having secured a loan approval (an emotional process by  itself!).

 

While you do not want to remove the contact contingencies until you are sure, you must not take this process lightly, as there can be serious implications for not doing a proper investigation. And not removing contingencies in a timely manner in accordance with the contract may put your transaction at risk.

 

 

Keep in mind that removing contingencies means that changing your mind later, or not closing for some other reason (even if the lender does not fund), puts your deposit at risk.

Posted by

Jeff Dowler, CRS
Certified Residential Specialist / Realtor®


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Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

It's important that buyers follow through with the proper paperwork, including the contingency removal form (for California), to avoid issues that may come up with the transaction.

Sep 24, 2014 03:44 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Jeff failing to do things when It's Time to do them always ends up badly as you well pointed out in the way it relates to contingencies.

Sep 24, 2014 09:14 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Troy - it's a key part of the process for both buyers and sellers

George - so true. Sellers, of course, want to know if the buyers are going ahead with the deal or not. And paying attention to contract dates is essential

Jeff

Sep 24, 2014 10:55 AM
Ted Glover
Alderman Classic Realty, LLC - Moultrie, GA
ABR in Moultrie, Georgia 229-854-5422

Hi Jeff, there are always issues that come up that can stop the whole process. Good luck getting it approved and closed.

Sep 24, 2014 01:48 PM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Jeff Dowler CRS ... Your post highlights exactly why it's so important to choose to work with experienced, knowledgeable professionals (whether agent, lender, etc.).  There are a whole lot of details that need to be tended to within a transaction and mortgage process ... contingencies being just one.  Choose unwisely, and you could be placing your transaction and yourself in jeopardy ...

Gene

Sep 25, 2014 04:59 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Jeff, it's always interesting to learn how real estate is practiced in different states. Not removing contingencies or responding according to provisions set out in the contract can definitely cost a buyer their earnest or deposit money.

Sep 25, 2014 08:55 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

Jeff, the fewer the contingencies the better the seller would like the contract. Buyer must certainly have themselves properly positioned to not have those contingencies, however

Sep 25, 2014 11:34 AM