In part two of this series on home sale contingencies, we’ll discuss non-inspection contingencies that can impact a home sale. (To review part 1, click here.)
Appraisal
The first is an appraisal contingency. If a buyer is getting a loan, a licensed appraiser must examine the property and compare it to similar sales close by within the last 90 days to see if the property is worth the sales price. This can be adjusted based on how much the bank is lending, or the loan to value. The more money a person is putting down, the more lenient the appraisal is. I generally allow 21 days for an appraisal contingency.
If the property does not appraise, the buyer can back out of the deal with no ramifications, the seller can lower the price to meet the appraised value, the buyer can come up with the difference in cash, the buyer and seller can split the difference, or in some cases, a new appraisal can be ordered.
Financing
After evaluating the value of the property as well as the credit worthiness and ability to pay of the buyer, the bank will give a loan commitment. So most agents include a financing contingency in their contracts that combines those factors. I generally allow 30 days for a financing commitment. But buyers and sellers should be aware that most commitments come with conditions (like re-verifying a purchaser’s employment in the last 10 days before settlement), so even if a commitment is given, it’s not quite a done deal.
Home Sale Contingency
Sometimes a buyer needs the money from the sale of his or her current house to go to settlement on the next house. In that case, they will write a home sale contingency into to the contract saying that they will have their house on the market within a short period of time at a certain price and will have a sales contract on the property within 30-45 days. Most sellers don’t like home sales contingencies because it’s not a done deal and impacts their ability to purchase and move. A more agreeable version of this is a settlement contingency. Buyer A writes a contract for Seller A’s house saying that they have a contract on their house and most of the contingencies have been dealt with, but they need the money out of Buyer A’s house to go to settlement, so this is a contingency that Buyer A’s house will settle the already agreed on contract in hand.
Home sale contingencies may be given even if the buyer does not need the money out of his or her current residence, but needs to eliminate that debt in order to qualify for another loan.
Condo (or HOA – Home Owner Association) Document Review
Because condos and home owner associations have rules, the purchaser must be able to review those rules to make sure he or she can honor them before buying a place. Some places don’t allow pets; others don’t allow commercial trucks to park on the premises; and still others won’t allow renters. Each jurisdiction has a set period of time for the delivery and review of the documents, but it varies by location. The documents must be current, so they are generally ordered after a contract is ratified. If a buyer doesn’t like what he or she sees in the documents, they can back out and get their earnest money deposit back without discussion.
A mortgage company must allow approve a condo building, so condo information also plays a part in the financing contingency.
Co-op Approval
If a community is a part of a cooperative, the co-op may require a buyer to be interviewed and examined before the co-op will approve the purchase.
Third Party Approval
If a property is a short sale where the seller owes more than the house is worth, the original mortgage holder has the right to review the contract and decide whether they are willing to accept the shortfall AFTER the seller has ratified the contract. Short sales are complicated and can delay a settlement for months, so buyers should be aware that the requirement for third party approval in a short sale could be time consuming.
There are third party approval requirements for other types of sales – bankruptcy, divorces, estates. They might delay a process somewhat, but not as much as in short sales.
A third party approval could also be used if only one half of a couple has seen a property and wants to make an offer before his or her spouse is back in town, but wants final approval from the partner before proceeding. This type of third party approval might be used for a very short contingency. (I used it once when a client was out of town travelling with the President and his spouse found the perfect house while he was gone. He approved – they’re still in the house 20 years later.)
If you need help wading through the various forms of home sale contingencies, your best bet is to work with a knowledgable agent. If I can help, contact me at http://MetroWashingtonDCHomes.com.
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