If you’ve been shopping for a home, you’ve likely come across the term “loan contingency,” and you may be considering including this clause in your purchase offer. Or perhaps you’ve already made a loan-contingent offer, and you’re wondering about contingency removal. But what does removing this contingency mean for you? It’s a step that could make your offer more attractive to sellers, but it’s not without ramifications and risks, and in some states, there are laws that dictate the process of removing a contingency. Whether you’re just starting to explore the housing market or are in the midst of deciding whether to remove a loan contingency from an existing offer, this guide is tailored for you. We’ll also share how, as an existing homeowner, you can make a stronger non-contingent offer to get the home you want. A contingency in a real estate contract is a condition or an action that must be met for the contract to become legally binding. Think of it as a safety net for you, the buyer. Contingencies provide a way to back out of the real estate transaction without penalty under certain circumstances. They are essentially clauses in your purchase agreement that are designed to protect you from unforeseen issues, like problems unearthed during a home inspection or difficulties securing financing. For instance, a common contingency might be a home inspection contingency, which allows you to renegotiate or even withdraw your offer if significant issues are discovered during the inspection. Similarly, a financing contingency, often referred to as a mortgage or loan contingency, ensures that if you can’t secure a mortgage, you can opt out of the purchase without facing legal or financial repercussions, such as forfeiting your earnest money deposit. In other words, it’s your safeguard, ensuring that if your home loan falls through, or is not approved within a specified period, you can withdraw from the deal. This clause, which typically carries a contingent period of 30-60 days, sets some clear guardrails. It specifies the type of loan you intend to secure, the time frame for obtaining approval, and the maximum interest rate you’re willing to accept. By including a loan contingency, you’re essentially saying, “I’ll buy this home, provided I can get the necessary financing under terms I can manage.” It’s a buyer’s tool for balancing the commitment to purchase with the practicalities of securing a mortgage. Contingency removal in real estate transactions varies depending on state laws. In some states, such as California, removing a contingency from a home purchase agreement is a formal process that requires filling out and submitting a specific document. This act of documentation ensures that both parties are clearly aware and in agreement that the contingency has been removed. (More on this below.) Other states like Texas and Florida operate differently. Here, if a buyer doesn’t meet a specified deadline, it may automatically result in the removal of the contingency. Regardless of the state-specific processes, removing a contingency carries inherent risks. For example, if you decide to remove a mortgage contingency and neither you nor the seller formally cancels the agreement, you may still be legally obligated to complete the purchase. Failure to do so could mean losing your deposit, a significant financial setback. In other cases, you may face legal action from the seller that goes beyond the loss of your earnest money. As a buyer, it’s important to be aware of state laws and adhere to all deadlines in your purchase agreement. A top real estate agent can ensure that you are handling contingency removal properly and meeting all required deadlines.What is a contingency when buying a home?
What is a loan contingency?
How does a contingency removal work?
