What and Why Contingencies Matter

When a home goes under contract, many assume it's a done deal, but in reality, most real estate contracts include contingencies, or conditions that must be met for the sale to proceed. These clauses are designed to protect both buyers and sellers and offer a legal way to exit the agreement if something doesn't go as planned.

One of the most common contingencies is the home inspection contingency. This allows the buyer to have the property professionally inspected after the offer is accepted. If the inspection uncovers serious issues, such as foundation problems, roof damage, or plumbing concerns, the buyer has the right to negotiate repairs, ask for a price reduction, or even walk away from the deal without losing their earnest money.

Another widely used contingency is the financing contingency, also known as a mortgage contingency. This protects the buyer in case their loan application is denied or the terms change in a way that makes financing impossible. For example, if a buyer loses their job before closing and can no longer qualify for a mortgage, this contingency allows them to cancel the contract without financial penalty.

A third key contingency is the appraisal contingency, which comes into play when a lender requires an appraisal to determine the home's value. If the appraisal comes in lower than the agreed-upon purchase price, the buyer can renegotiate the deal or cancel it. This protects buyers from overpaying for a property and helps avoid problems with financing shortfalls.

Many buyers who already own a home may include a home sale contingency, which gives them a window of time to sell their current property before being obligated to purchase a new one. If their existing home doesn't sell within the agreed timeframe, they can exit the deal on the new home without penalty.

Buyers are also protected by title contingencies, which allow time for a title search to ensure the seller has clear ownership of the property. If issues like unpaid liens or unresolved disputes are discovered, the buyer can cancel the contract if they aren't resolved before closing.

For homes in a community governed by a homeowners association (HOA), buyers often include an HOA document review contingency. This gives them time to review the rules, financials, and bylaws. If they find something that doesn't align with their needs, like restrictions on short-term rentals or upcoming fee increases, they can opt out of the contract during the review period.

Understanding how these contingencies work, and how they protect your interests, is an important part of any real estate transaction. They create flexibility and safety nets that allow both buyers and sellers to move forward confidently. If you're unsure how contingencies apply to your situation, it's always wise to consult a real estate agent or attorney who can walk you through the process and ensure your rights are protected.

For more information, download our Sellers Guide.

Smart Homeowner Tips

1. Take Advantage of Homeowner Tax Benefits

• Mortgage Interest Deduction: Deduct interest on up to $750,000 of acquisition debt (for loans after 2017).
• Property Tax Deduction: Deduct up to $10,000 in combined state and local taxes (SALT).
• Capital Gains Exclusion: Exclude up to $250,000 ($500,000 for married couples) in profit when selling a primary residence, if ownership and use tests are met.
• Energy-Efficient Home Credits: Federal tax credits available for solar, heat pumps, insulation, windows, and more.

2. Lower Your Monthly Housing Costs

• Refinance When Rates Drop: Consider refinancing your mortgage to reduce your interest rate and monthly payment.
• Appeal Property Tax Assessments: If your home's assessed value is too high, appeal to potentially lower your annual property taxes.
• Bundle Insurance Policies: Save by combining home and auto insurance with the same provider.
• Shop for Home Insurance Annually: Rates and coverage vary�review and compare policies regularly.

3. Reduce Utility Bills

• Conduct a Home Energy Audit: Identify leaks, insulation gaps, and inefficient systems to cut energy waste.
• Upgrade to Smart Thermostats: Save on heating and cooling with programmable or learning thermostats.
• Switch to LED Lighting: Longer life, lower power consumption.
• Seal Windows and Doors: Prevent drafts and reduce heating/cooling loss.

4. Maintain and Protect Your Investment

• Regular Maintenance: Prevent costly repairs with scheduled inspections (HVAC, roof, plumbing, etc.).
• Document Home Improvements: Keep receipts to add to your cost basis for tax purposes when selling.
• Check for Hidden Water Leaks: Early detection prevents mold and expensive damage.

5. Use Your Home for Additional Income

• Rent Out a Room or ADU (Accessory Dwelling Unit): Generate passive income.
• Host Short-Term Rentals (where legal): Use platforms like Airbnb to offset mortgage costs.
• Deduct Home Office Expenses: If you qualify, write off a portion of your home-related costs for business use.

6. Plan for Aging in Place

• Invest in Accessibility Features: Lever-style handles, wider doorways, or a main-floor bedroom can improve safety and long-term livability.
• Consider Reverse Mortgages: For older homeowners with substantial equity, this can provide supplemental income.

7. Improve Enjoyment and Resale Value

• Enhance Outdoor Living Spaces: Patios, landscaping, and lighting can boost both daily enjoyment and curb appeal.
• Renovate Smartly: Kitchen and bath updates often offer strong returns.
• Paint and Refresh: A fresh coat of paint is one of the most cost-effective upgrades.

Are expiration dates necessary in offers?

In real estate negotiations, it's not uncommon for both buyers or sellers to include expiration dates on offers and counteroffers. These deadlines serve several important purposes that help keep the process efficient, transparent, and fair to both sides.

First and foremost, expiration dates create urgency. They encourage the other party to respond within a specific timeframe rather than leaving the offer open-ended. Without a clear deadline, one side could be left waiting indefinitely, which can cause unnecessary delays or lost opportunities.

Expiration dates also prevent stale offers from being accepted later. Real estate markets move quickly, and a buyer or seller's circumstances can change rapidly. A buyer who submits an offer today may no longer be in a position to move forward a week later. The expiration ensures that all terms are current and that both parties are negotiating in real time.

From a strategic standpoint, expiration dates help maintain leverage. For example, a seller may give a buyer only 12 or 24 hours to respond to a counteroffer, encouraging them to make a prompt decision rather than shopping around or stalling. It keeps negotiations focused and moving forward.

Another key reason to include expiration dates is to limit exposure and manage commitment. In competitive markets, buyers may be considering multiple homes, and sellers may receive several offers. A defined expiration helps all parties manage timelines and make informed choices.

It's also important to understand that any offer or counteroffer can be withdrawn at any time before it's accepted, even if the expiration time hasn't been reached. However, that withdrawal must be done in the same manner as the offer was made, ideally in writing, to ensure clear communication and avoid legal confusion.

For sellers, it's critical to manage counteroffers carefully. If you have an active counteroffer with one buyer, you should withdraw that counteroffer in writing before accepting a new offer from someone else. Failing to do so could put you in a position where two different buyers believe they have accepted contracts, creating a potential legal conflict.

In short, expiration dates help clarify intentions, reduce risk, and keep negotiations on track. And understanding how to properly withdraw an offer or counteroffer is just as important. If you're unsure about the timing or the process, always consult with your real estate agent or an attorney to ensure your rights are protected and the deal moves forward smoothly.