If you’re purchasing a home, or planning to make an offer on a home, it’s likely that your biggest concern is whether you’re buying a house that’s in good shape under the hood. For this reason, most contracts contain an inspection contingency clause. But what happens if the inspection contingency expires? If this contingency period lapses before you’ve finalized your decisions, will you lose your deposit? Will you lose the house? In this guide, we’ll break down everything you need to know about home inspection contingencies, including what they are, how they work, and the implications of their expiration. An inspection contingency, often a standard clause in home purchase agreements, allows you, the buyer, to have the home professionally inspected within a set timeframe. This period, typically lasting 7-10 days from the acceptance of the purchase offer, is known as the due diligence period. It’s a critical phase where you can assess the property’s condition and negotiate repairs or adjustments based on the findings. It’s important to note that the wording of a home inspection contingency clause can differ depending on state laws. But here are some things that generally apply to the inspection contingency. The timeline for an inspection contingency is pivotal. Once the seller accepts your offer, the clock starts ticking on this due diligence period. During these 7-10 days, you’ll need to arrange for a home inspection, review the report, and decide on the next steps. This tight schedule emphasizes the importance of acting swiftly and efficiently. After receiving the inspection report, typically, you have a 24-48 hour window to respond to the seller. This response can include an addendum to the original purchase agreement, often triggered by the findings in the inspection report. A common feature of these addendums is the inclusion of a repair cost threshold. For example, if the inspection reveals that repairs will cost more than a pre-agreed limit, say $3,000, you might have the option to back out of the deal while retaining your earnest money deposit. This clause provides a safety net, ensuring you’re not locked into a purchase that might require extensive and expensive repairs. Timeliness is essential in all aspects of the inspection contingency. Not only do you need to complete the inspection within the due diligence period, but your response to the inspection findings must also be prompt. The timelines in these addendums are designed to keep the transaction moving forward while protecting your interests as a buyer. The process also protects the seller’s interests. When the inspection contingency period expires, it marks a significant turning point in the homebuying process. Understanding the consequences of this expiration is essential for you as a potential homebuyer. Firstly, if the contingency period lapses before you take any action, you essentially forfeit your right to negotiate repairs or price adjustments based on the inspection findings. This means you lose a key leverage point in the homebuying process, potentially leading to additional costs if you choose to proceed with the purchase. Furthermore, letting the inspection contingency expire without addressing any issues identified in the inspection report usually implies your acceptance of the property “as is.” This acceptance can be seen as a binding commitment to purchase the property, regardless of any previously undiscovered or undisclosed flaws. A major chip on the due diligence poker table is your earnest money deposit. If you decide to back out of the deal after the contingency period has expired, you may risk losing this deposit. This situation can arise if you discover a significant issue with the property post-expiration and choose to withdraw from the purchase agreement. The expiration of an inspection contingency underscores the need for timely decision-making. Being proactive in scheduling the inspection, reviewing the report, and communicating with the seller or their agent within the allotted timeframe is crucial. This approach helps to safeguard your interests and investment in the property. In some cases, if the contingency period has expired and you find yourself facing unexpected issues with the property, it’s advisable to consult with your real estate agent or a legal professional. They can provide guidance on the best course of action, whether it’s negotiating post-expiration or exploring other legal options available to you. If you’re facing an inspection contingency deadline, act sooner rather than later. You can ask the sellers for a contract addendum extension or have your agent talk to their agent and see if they can negotiate a solution to which both parties can agree.How does an inspection contingency work?
Understanding the timeline
Responding to the inspection report
Negotiating repairs and costs
The importance of timelines in addendums
What happens if the inspection contingency expires?
Loss of bargaining power
Binding commitment to the purchase
Risk of forfeiting earnest money
The importance of timely decisions
Navigating expired contingencies
