When a buyer submits an OFFER on a property, that OFFER usually comes with contingencies or conditions that must be met to make that OFFER good. The contingencies can be considered a protection plan that covers the famous phrase, “Buyer Beware.” However, if the conditions are too stringent, then the Buyer has a difficult time getting the Seller to agree to their terms. This is when the advice of a good buyer’s broker can make the difference.
Here are definitions of CONTINGENCIES in the real estate industries OFFER to Purchase Contingency Addendum.
Mortgage contingency: The Offer is only good on the condition that the buyer can get a mortgage. If they cannot, then the Offer is null and void and all deposits that were put in escrow are returned to the buyer.
Inspection contingency: the Inspection is done at the Buyer’s expense, and gives the buyer a first hand look at the condition of the property. This inspection usually covers the following three things: checking the overall condition of the property, checking for pests (termites, mice, roaches, etc.) and checking for radon if there is a basement. If any of these items fail to meet the buyer’s standards then the Offer becomes null and void and all deposits that were put in escrow are returned to the buyer.
Lead Paint contingency: Buyers often want to know about the presence of lead paint. In buildings that are older than 1978, the likelihood of lead paint is very high unless the previous owners chose to remove it. The testing for lead paint might be done if the buyers have small children or planned to rent the property to families with children under six. The Offer is null and void and all deposits that were put in escrow are returned to the buyer if the lead paint report is unsatisfactory to the buyer.
Section #8, of the real estate industries standard OFFER to Purchase Real Estate, is a place for the Buyer’s Broker to write in any specific CONDITION that is relevant to this specific sale. A common one, when the real estate is a condominium is to include the phrase, “Buyer has right to review all condominium documents and budgets.”
These written contingencies are then added to the Purchase and Sale Agreement.
When a buyer submits an OFFER on a property, that OFFER usually comes with contingencies or conditions that must be met to make that OFFER good. The contingencies can be considered a protection plan that covers the famous phrase, “Buyer beware.” However, if the conditions are too stringent, then the Buyer has a difficult time getting the Seller to agree to their terms. This is when the advice of a good buyer’s broker can make the difference.
Here is are definitions of CONTINGENCY in the real estate industries OFFER to Purchase Contingency Addendum.
Mortgage contingency: The Offer is only good on the condition that the buyer can get a mortgage. If they cannot, then the Offer is null and void and all deposits that were put in escrow are returned to the buyer.
Inspection contingency: the Inspection is done at the Buyer’s expense, and gives the buyer a first hand look at the condition of the property. This inspection usually covers the following three things: checking the overall condition of the property, checking for pests (termites, mice, roaches, etc.) and checking for radon if there is a basement. If any of these items fail to meet the buyer’s standards then the Offer becomes null and void and all deposits that were put in escrow are returned to the buyer.
Lead Paint contingency: Buyers often want to know about the presence of lead paint. In buildings that are older than 1978, the likelihood of lead paint is very high unless the previous owners chose to remove it. The testing for lead paint might be done if the buyers have small children or planned to rent the property to families with children under six. The Offer is null and void and all deposits that were put in escrow are returned to the buyer if the lead paint report is unsatisfactory to the buyer.
Section #8, of the real estate industries standard OFFER to Purchase Real Estate, is a place for the Buyer’s Broker to write in any specific CONDITION that is relevant to this specific sale. A common one, when the real estate is a condominium is to include the phrase, “Buyer has right to review all condominium documents and budgets.
These written contingencies are then added to the Purchase and Sale Agreement.
Filed under: Exclusive Buyers Agent, Escrow, Home Buyer Advice, Home Inspection, Lead Paint, Mortgage, Offer To Purchase Real Estate, Radon, Real Estate Offer Contingencies