More than likely if you have ever bought or sold a house or land you have come across the term "contingency".  The definition is an event that may, but is not certain to occur.  In Real Estate, a contingency basically says "if this does not happen" then my offer is withdrawn or no good....an example seen a lot is an offer contingent upon closing on my current home first.

In North Carolina's Standard Offer To Purchase and Contract, there are a number of contingencies that must be met in order for a home to close, some more nail-biting than others, but nonetheless they are there in full force to protect both buyers and sellers depending on the situation.  First, you will usually have a financing contingency.  This says that in order for one to close on a certain property, they must be able to obtain financing at a certain rate by a certain time OR the contract is voidable.  Next is a repair contingency.  This says that after an inspection the contract is contingent on the seller fixing certain repairs requested by the buyers as long as they are valid repairs mentioned in the inspection clause.  You also have an appraisal contingency stating that the property must appraise at a certain price.....usually only used when paying cash because if you were financing the financing contingency would take care of this issue. 

The two main contingencies that you hear of the most are the ones depending on whether a currently owned property closes by the time your new property is to close.  The first is an Existing Contract Contingency (#3) which basically says...I am going to buy your house IF my current home which is ALREADY under contract closes by a certain date....if it doesn't...I'm out.  The more fearful and unattractive contingency depending on the market you are in is the Contingent Sale.  This means...hey, we want to buy your house, but we have not had an accepted/acceptable/ANY offer on our house yet, but we want you to accept our offer assuming our current house will sell.  Very confusing huh....well that's Real Estate.  It is also possible for buyers to write their own contingencies into a contract....for example, Joe Buyer says...hey, I am going to buy your house IF the Yankees win the World Series!!  Funny, but true.  A contingency can be written into a contract no matter how far fetched...but a more likely scenario would be someone wanting to buy a house, but making it contingent on a fence being approved by the HOA.  I hope this helps cut down on the confusion a bit....for more information visit us here.

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3 Comments on Contingencies.....What Are They?

JUN
12
2008

So there's no rule governing how unrelated a contingency is to the actual contract? I can legally say, "IF my house gets snowed under in July in California THEN I will buy your house"?

Of course, I don't know any seller who would agree to that, but...

12:23pm • #1

I can't give legal advice, but if two people agree to terms on paper you should have a contract....that example may have been far out, but there have been some strange contingencies in contracts before.

3:50pm • #2
JUN
17
2008
132,025 Points 10 Featured Posts Outside Blog

We get caught up in contingencies all the time - normally with someone who wants to know if they can RENT their current residence and qualify...

7:41am • #3

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Stu Barnes

Fuquay Varina, NC

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Barnes McQuade Realty

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My blog consists of common questions and concerns dealing with buying and selling real estate. Covering all of Wake County which is the home of Raleigh, Cary, Fuquay Varina and Holly Springs just to name a few...you can always count on an informative ...not so boring opinion. It's a STEW of information dealing with all aspects of Real Estate.


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