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FAQ what is a contingent offer?

By
Real Estate Agent with HomeSmart Real Estate AZ Broker BR030809000

 

 

FAQ what is a contingent offer?  A contingent offer is one in which the buyer is making the offer 'subject to' a certain circumstance such as, selling a home,  successfully closing of a home, getting financing lined up, or other contingencies. The best way to explain a contingent offer is  with real life stories of home sellers and home buyers.

 

FAQ what is a contingent offer?

 

 Example 1: Recently  I received a call from an agent whose clients had an interest in listing that was 'coming soon' on the market. His buyers wanted to set up a viewing time before it went on the market. I knew the sellers were not ready for any showings and that they needed at least another week to be 100% 'parade ready' and able to consider any offers.  The agent explained to me that the buyers wanted going to sell their home before buying but they were ready to start looking at homes.

 

Well, are they pre-qualified to buy another home before selling or are they intending on paying cash for their next home? No, he said they must sell their home first. I let him know it was not likely that the seller  would be willing to consider an offer from a buyer that must sell their home first.  With this type of contingency there is absolutely zero guarantee that the buyer could or even would follow through to successful closing.  Making a home contingent upon a 'future' sell of a home is not a contingency most sellers are willing to even consider.

 

Example 2:  This past week we closed on a home for buyers that were moving to Arizona.  Our home buyers were ready, willing and able to buy their new home with the contingency of their current home closing escrow successfully.  So how does this kind of contingency work?   Our home buyers were prepared to show the accepted contract on their current home in escrow as well as the buyers qualification from their lender to the sellers of the home they wanted to buy. The buyers were also through the home inspection period so there were no more contingencies on the sale, other than completing the financing (which is a normal contingency).

 

All the above documents were submitted along with the offer to purchase, giving the sellers of the new home all the information they needed to make a decision. The sellers accepted the offer after a bit of negotiation and escrow was opened.  NOTE:  It is critical for all agents involved to keep in communication during this type of contingency to make sure the sale in the other state is moving forward as expected. I liken these type of sales to  a 'domino effect'.  If one of the sales falls apart they all could fall apart. The good news is that I've done a lot of 'domino sales' over the years and not one as fallen apart because we make sure upfront that all the bases are covered 100% and there will be no surprises.

 

If you're considering selling or buying a home in the Phoenix Metro Area and are not sure about how to get started,  give me a call and we'll discuss your dreams and goals. 

 

 

FAQ what is a contingent offer?

 

 

 

 

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Comments(17)

Ronald DiLalla
Century 21 Discovery DRE 01813824 - Anaheim, CA
No. Orange Cty Real Estate

Hi Ana,  well stated and thanks for sharing with us in AR Land.

May 14, 2016 04:24 AM
Anna "Banana" Kruchten

Ron thank you!

May 14, 2016 07:58 AM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

Anna Banana Kruchten Great explanation of contingent.  I've had several situations like you explained.  Years ago, when there was plenty of inventory, I had your first example, but the buyer had to put down money and was given a certain amount of time to sell the home.  It worked at that time.  No seller would go for it today with the low inventory we have.

May 14, 2016 06:14 AM
Anna "Banana" Kruchten

Elyse Berman  Oh yes we used to be able to do that - years ago - but it hasn't happened it well over 15 years!

May 14, 2016 08:01 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Hi, Anna,

 

 

Excellent explanation of what is a purchase or sale that is “contingent” upon the sale of another property. However, you also mentioned in your opening paragraph contingencies for “getting financing lined up, or other contingencies”. I would say that those are totally different types of contingencies, they are present in almost every purchase and you did not explain them at all. Of course, explanation of contingencies for financing, appraisal, property condition, inspections, document review and others would more properly be handled in another posting and you may already be planning to do so.

May 14, 2016 06:44 AM
Anna "Banana" Kruchten

John my post is about specifically the two basic types of contingencies that I wrote about. I don't tend to write long drawn out posts as it's way too much information all at once for most people.  Simple explanations work best for my purposes.

May 14, 2016 08:02 AM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Side note: our mls has a “Contingent” status for a listing which describes a house that is under contract but the buyer needs to close escrow on another property in order to buy the subject house. I know that other mls organizations may consider a “Contingent” status to include other types of contingencies.

May 14, 2016 06:44 AM
Anna "Banana" Kruchten

Yes we have that function as well. Both a UCB under contract taking backups and CCBS contract contingent on buyer sale. To general public it is  confusing to use our lingo. I explain what it means so they know it's really not available  - just kind of available.

May 14, 2016 08:06 AM
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

Very well stated.  I like "word problems" or examples by way of explanation because I think it is easier for most folks to understand. 

May 14, 2016 06:51 AM
Anna "Banana" Kruchten

Susan Haughton bingo!  I like to write in an easy to read and understand format rather than using our 'lingo' which makes no sense to most.

May 14, 2016 08:06 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Anna- what a good explanation of what a contingency offer is.  It would seem that Example 2's buyer/seller was more prepared and it would be easy to see why a seller would find it easier to work with their offer. 

May 14, 2016 07:55 AM
Anna "Banana" Kruchten

Kathy Streib personally if I didn't have all the documentation I would wait until we had it in hand to submit any offers in our brisk market.  Sellers won't even consider this type of contingency without all the documentation. If I were the seller I wouldn't either!

May 14, 2016 08:08 AM
Belinda Spillman
Aspen Lane Real Estate Colorful Colorado - Aurora, CO
Colorado Living!

Very nice explanation.  Contingent offers are quickly becoming a thing of the past out my way.  No time for that!  Sellers laugh at those offers which makes it really hard for buyers trying to get a property.

May 14, 2016 08:43 AM
Anna "Banana" Kruchten

Belinda Spillman your market is beyond HOT and I can't imagine a seller would remotely consider a contingency offer like my 2 examples. HA!

May 14, 2016 08:55 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

We sometimes have sellers accept that as long as there is a kickout and they can keep it on the market.  Rarely without.

May 14, 2016 09:26 AM
Anna "Banana" Kruchten

Tammy Lankford, we used to be able to do the same but it's been years due to our market conditions.

May 15, 2016 02:34 AM
Melissa Jackson REALTOR
Trinity Premier Properties - Azle, TX
Helping You Make The Right Move

I just wrote an offer contingent upon the buyer selling their property. We set a time frame and agreed if their property is not at least under contract my buyer can try to secure financing another way before the deal is broken.  Hopefully this is a win/win.

May 14, 2016 11:23 AM
Anna "Banana" Kruchten

Melissa Jackson in your market that apparently will fly - hope this one works for your buyer!  In our market it  simply won't work well with a seller unless if it's in a market where there is no activity and property has been on the market for a long time - typically high end homes over 3 to 10 M or more.

May 15, 2016 02:37 AM
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

this is a wonderful explanation of the various contingent offers that a seller might see 

May 14, 2016 12:43 PM
Anna "Banana" Kruchten

Lise Howe Happy Sunday to you!  Thanks for stopping over today!


 

May 15, 2016 02:37 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I worked with clients who needed to sell a house and buy a house. They didn't want to put their house on the market until they found their next house. It took a few "nos" from sellers who did not want to accept a contigency when my clients' house wasn't even on the market yet. So the house went on the market, under contract, and then they were able to get under contract to buy their next house.

 

May 14, 2016 08:01 PM
Anna "Banana" Kruchten

Kat Palmiotti took awhile for your buyer to accept that his/her home needed to be under contract before a seller would be willing to accept an offer - but they got there!

May 15, 2016 02:39 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I love the post. I will share it with others. I hope home buyers and sellers will read it.

May 14, 2016 09:16 PM
Anna "Banana" Kruchten

Gita Bantwal thank you!  Enjoy your day!

May 15, 2016 02:39 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

There is nothing like a ripe and ready banana posting ready to eat. Case in point

May 15, 2016 12:34 AM
Anna "Banana" Kruchten

Richie Alan Naggar I know, I know....so many market reports to keep up with I rarely get a chance to write posts like this!  Enjoy your Sunday!

May 15, 2016 02:40 AM
Richie Alan Naggar

Anna Banana Kruchten ...continue to share the wealth

May 15, 2016 03:24 AM
Sham Reddy CRS
Howard Hanna RE Services, Dayton, OH - Dayton, OH
CRS

Great examples:

A contingent offer is one in which the buyer is making the offer 'subject to' a certain circumstance such as, selling a home,  successfully closing of a home, getting financing lined up, or other contingencies.

May 15, 2016 01:20 AM
Anna "Banana" Kruchten

Thank you Sham Reddy - have a great day!

May 15, 2016 02:40 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Anna -- as you know, so much of life in real estate is education.  You present the question along with the accompanying scenarios very well and in an easy-to-understand manner.  

May 15, 2016 02:07 AM
Anna "Banana" Kruchten

Michael Jacobs  and this is coming from the master of making things easy to understand! It's all in the education - and clients being open to understanding how things 'really' work in the current market.

May 15, 2016 02:41 AM
Debb Janes
Nature As Neighbors - Camas, WA
Put My Love of Nature At Work for You

Real life stories are so much easier. You are a real life realtor filled with lots of life. :) Enough said. D 

May 15, 2016 05:06 AM
Anna "Banana" Kruchten

Debb Janes EcoBroker and Bernie Stea JD real life stories....gee who do I know better to share them than you!! Thank you!

May 15, 2016 01:46 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

I just put dual contingent contracts into escrow -- one for seller who is also buying a home, and the buyer for the seller's home is contingent on selling the buyer's home, enough to make your head spin. And this is for a seller who wasn't planning on selling with a contingency to buy who not only ended up in that situation but also has to deal with a buyer who is selling. I will make it all work, though. This is where Realtors like me and you, Anna Banana, shine.

May 16, 2016 01:37 AM