Special offer

How and When Do I Remove My Offer to Purchase Contingencies?

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

How and When to Remove Contingencies

in an Offer on a House

 

realestate-eseWhen buyers make an offer there are a number of contingencies that are part of the offer.

 

The RPA, or Residential Purchase Agreement, here in California spells out the various contingencies and the typical time frames (while there are defaults on these, dates are negotiable) for making an offer on a house.

 

Note: an Offer to Purchase document may be different in other states and the discussion here may not apply to your situation – discuss this with your Realtor!

 

Typically your purchase will be contingent on a thorough investigation of the property (including a home inspection, and perhaps other desired inspections), a review of HOA documents (if property is a condominium, is in a planned unit development or other common interest development ), insurability of the property, a review of all seller disclosures and Natural and Environmental Disclosures, a satisfactory appraisal and loan approval, among others.

 


Buyer HandbookIf you have to sell a home and cannot purchase a new one without doing so, your offer will be subject to the sale (i.e., closing) of your current home (read “How to Buy a House – Contingent Offers?). Here in California there is a specific form for that, the Contingency for Sale of Buyer’s Property (form COP). You may find that a seller is not willing to accept an offer with this contingency, given the market conditions, at least in our area where there are often multiple offers.

 

A common question buyers ask, and one that refers to specific deadlines in the contract, is “how and when do I remove my offer contingencies?”

 

Contingencies, and their removal dates, are critical to pay attention to. Obviously you do not want to remove a particular contingency until you are satisfied it’s been met, but deadlines are important, and you do not want to jeopardize your purchase and/or your deposit (we are speaking from a California contract perspective here) by not adhering to the contract and removing relevant contingencies in a timely manner. You should speak with your agent about questions you might have about these issues and contingency due dates.

 

There is a specific form, Form CR or Contingency Removal, that is used to remove specific contingencies. Buyers can remove selected contingencies (e.g., the property investigation), remove "all but the following...", or remove all the contingencies. The form is then sent to the seller for acknowledgement. Buyers will submit as many forms as needed until all contingencies are removed.

 

If I can help you think through your home buying requirements, and your wish list, in light of your budget and other factors, and answer any questions about contract contingencies, please give me a call or text me at (760) 840-1360. Then we’ll get started on finding you the right home and get you into escrow!

 

Visit Home Buying Tips and Advice to view my YouTube Channel playlist of short videos on how to buy a home, then give me a call (760-840-1360) to discuss your home buying needs and questions.

 

If you are relocating, check out my video series at Relocation Tips and Advice and my Relocation blog for helpful information.

Posted by

Jeff Dowler, CRS
Certified Residential Specialist / Realtor®


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Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

Keep your clients informed about each step of the contract.  Buyers have to be reminded along the way.  Good post.

Sep 24, 2016 01:47 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

There have been times where I didn't think I could move my offer or remove it as well

Sep 24, 2016 04:41 PM
Raul Rodriguez
Covenant Partners Realty - San Antonio, TX
Looking out for the client's interest and not my p

In Texas we like to say "there's a form for that", no matter what it may be. If it's not in writing, it's not happening.

Sep 24, 2016 09:09 PM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Jeff - you are fortunate in CA to have a special form to romove contingencies, otherwise it can be confusing. 

Sep 24, 2016 10:35 PM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

Jeff Dowler "Contingencies, and their removal dates, are critical to pay attention to. Obviously you do not want to remove a particular contingency until you are satisfied it’s been met, but deadlines are important, and you do not want to jeopardize your purchase and/or your deposit by not adhering to the contract and removing relevant contingencies in a timely manner."

Right on target - and - re-blog!

Sep 24, 2016 10:51 PM
Chris Lima
Turtle Reef Realty - Port St Lucie, FL
Local or Global-Allow me to open doors for you.

Great post Jeff and although some rules may vary from state to state, the information is to the point and easy to understand.  When working with buyers and sellers it is sometimes difficult to get them to understand that the highest offer isn't always the best offer.  Oftentimes it does come down to the terms and contingencies.

 

 

 

Sep 24, 2016 11:25 PM
Tom Bailey
Margaret Rudd & Associates Inc. - Oak Island, NC

Good post with lots of good info. It is easier for us here in North Carolina. We have a Due Diligence period. The DD period can be as long or short as the buyer wants, usually it ends about a week before closing. The buyer can put up from $0 to any amount for DD. This is in addition ernest money. The DD money is the sellers to keep period. The buyer can walk away at anytime without a reason in the DD period, and get their ernest money back. This covers almost any contingency, except selling a home. Sometime negotiating these terms can sometimes be tricky, but once done things move much smoother. 

Sep 25, 2016 12:07 AM
Teri Pacitto
Compass - Westlake Village, CA
Real Estate, Your Style...Your Home...My Specialty

Great post and one of the most misunderstood parts of the contract for Buyers, Selllers and often agents. Every state is different but I think CA finally got it right with Active vs Passive removal. Your always a great contributor.

Sep 25, 2016 01:16 AM
Ron Buck
The Ron Buck Group - Laguna Niguel, CA
Associate RE Broker at Keller Williams Realty

A very important issue for home buyers to understand. It should be comforting to them but it is stressful when the lenders are late. As we know real estate practice is local too. My daughter bought in San Francisco in 2014 and ALL contingencies had to be automatically removed upon acceptance. I had a hard time coming to terms with this. At least the Realtors provided home history and inspections to all potential buyers.

Sep 25, 2016 02:14 AM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

Excellent information on this topic. Interesting as always to see how various states differ in these areas.

Sep 25, 2016 04:04 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Hi Belinda Spillman  - and other areas as well. Contingencies are essential to pay attention to

Patricia Kennedy - it never ceases to amaze that some just ignore them or perhaps don't see the importance. It can get you in trouble.

Tammy Lankford,  - we had the P and S in MA! However you track these dates, it's important that our clients are aware of them just as we are

Jeff

Sep 25, 2016 04:29 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Thanks Lou Ludwig  - I appreciate the compliment!

Thank you for stopping by Sham Reddy 

Ed Silva  - some seem to have little concern, and perhaps do not understand the importance, while others I have worked with are very attentive. In any case, it's our job to let them know.

Jeff

Sep 25, 2016 04:34 AM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Jeff Dowler - interesting. In MA, I do not think we have any such CR forms.

Sep 25, 2016 03:21 PM
Shirley Coomer
Keller Williams Realty Sonoran Living - Phoenix, AZ
Realtor, Keller Williams Realty, Phoenix Az

Great post!  An explanation of how contingencies work should be part of every Agent's  buyer consultations.  Buyers are bright eyed looking at their new home but need to know there are contractual dates all parties must adhere to.  Many of the critical dates belong to the buyer and they need to understand early in the process how they work and the potential impact to the if they  miss date.

Sep 26, 2016 12:52 AM
Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

Hi Jeff Dowler, great and detailed information on how contingencies work and what it means to buyers and sellers. This is probably one area most buyers and sellers don't really understand. 

Sep 26, 2016 03:14 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Thanks Noah Seidenberg  It may differ a bit from state to state but it's important stuff!

James Dray  We have a document, too. I went back in and added a note about this after reading your comment - thank you. It's kinda important!

Thank you Dorie Dillard I find that often buyers are not paying close attention to these issues.

Jeff

Sep 26, 2016 03:42 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Hi Richie Alan Naggar  I appreciate it. It's so true

Ginny Gorman  - what a nice thing to say!

Roy Kelley  - Thank you, I appreciate it!

Harry F. D'Elia  - no argument here!

Jeff

Sep 26, 2016 03:45 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Thank you Karen Fiddler, Broker/Owner  Plenty of mysteries some times

Thank you Michael Jacobs It's an important part of the process that sometimes confuses buyers, and sellers

Sam Shueh  - yes I think things are a bit different where you are with some contingencies not even being part of your contract from the beginning

Jeff

Sep 28, 2016 12:10 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Hella M. Rothwell, Broker/Realtor®  AND the buyer needs to understand the process, and their rights and obligations...and those due dates!

Steffy Hristova  - thank you! I like having a specific form to take care of the contingencies and have a record. It gets confusing even using the form, especially when buyers need more time for investigation.

Jeff

Sep 29, 2016 02:50 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Mike Cooper - I like what you said, especially "noose, lifeline or zipline." It's such a critical part of the process and some (both buyers and sellers) don't take it as seriously as they need to

Thank you Sharon Tara  - it's pretty important stuff and those due dates can creep up quickly

VRC - yep I remember that from my 3 years in MA real estate. 

Jeff

Sep 29, 2016 02:53 AM