The Top 9 Contingencies to Consider in Your Offer When Buying Property

Posted by Nadia Winget on July 28th, 2023

Purchasing a property like a land, house or commercial property for sale can be an exciting venture, but one that will need to be done after careful consideration of many factors, such as your financial capabilities, the desired location etc. It is not an easy process, and involves quite a lot of work. It typically involves several steps. Here is a general outline of the process to follow when buying a property:

• Determine your budget: Before you start looking for properties, it is important to assess your finances and determine how much you can afford to spend on a property, whether you intend buying a house or agriculture land for sale. Consider your savings, income, and any pre-approved mortgage or loan amount you may have.
• Get pre-approved for a mortgage: If you plan to obtain a mortgage loan, it is advisable to get pre-approved by a lender. This process involves submitting your financial information to the lender who will evaluate your creditworthiness and provide you with a pre-approval letter stating the maximum loan amount you qualify for. This is especially useful if you are intending to invest in property for commercial or industrial purposes, such as coconut land for sale in Sri Lanka.
• Find a real estate agent: Engage the services of a reputable real estate agent who specializes in the area where you want to buy a property. They can assist you in searching for suitable properties, negotiating the purchase, and guiding you through the process.
• Start house hunting: Work with your real estate agent to identify properties that meet your requirements and preferences. Visit the properties, evaluate their condition, location, and suitability, and compare them with your budget and needs.
• Make an offer: Once you find a property you are interested in, you can make an offer to the seller. Your real estate agent can help you determine a fair price based on market conditions and comparable sales in the area. The offer may include contingencies such as home inspections, financing, or appraisal.
• Negotiate and sign the purchase agreement: The seller may accept, reject, or counter your offer. Negotiations may involve discussing the price, terms, or contingencies. Once both parties agree on the terms, you will sign a purchase agreement, which outlines the details of the transaction, including the purchase price, contingencies, and closing date.
• Complete inspections and due diligence: After the purchase agreement is signed, you will typically have a certain period to conduct inspections and perform due diligence on the property. This may involve hiring professionals to inspect the home's condition, review documents, and assess any potential issues or concerns.
• Secure financing: If you are obtaining a mortgage, you will need to provide the necessary documentation to your lender, including the purchase agreement. The lender will appraise the property and process your loan application. Be sure to review and understand the terms and conditions of the mortgage.
• Close the deal: Once all contingencies are satisfied, financing is secured, and the necessary paperwork is in order, you will proceed to the closing. During the closing, you will sign various legal documents, including the mortgage agreement and property title. You will also pay the closing costs, which may include fees for the lender, title search, insurance, and taxes.
• Take possession of the property: After the closing, the property ownership is transferred to you. You will receive the keys to the property, and it is time to move in!

What are the top 9 contingencies to consider in your offer when buying real estate?

When making an offer to purchase real estate, including contingencies can help protect your interests and provide you with an opportunity to address any concerns or issues before finalizing the transaction. Here are nine common contingencies to consider including in your offer:

• Financing contingency: This contingency makes the purchase contingent upon obtaining financing or a mortgage loan. It typically includes a specific timeframe within which you must secure financing and the ability to back out of the contract if financing is not obtained on satisfactory terms.
• Appraisal contingency: This contingency allows you to back out of the contract or renegotiate the price if the property appraisal comes in lower than the agreed-upon purchase price. It ensures that you are not obligated to pay more than the appraised value.
• Home inspection contingency: With a home inspection contingency, you have the right to conduct a professional inspection of the property to assess its condition. If significant issues are found, you can negotiate repairs, credits, or request the seller to fix the problems. If an agreement cannot be reached, you may have the option to walk away from the deal.
• Title contingency: This contingency ensures that the property has clear title and is free from any liens, claims, or legal issues. It allows you time to review the title report and address any concerns before proceeding with the purchase.
• Home sale contingency: If you need to sell your current home in order to purchase the new property, a home sale contingency can be included. It gives you a specified period to sell your existing home. If you cannot sell within that timeframe, you can cancel the contract without penalties.
• Property insurance contingency: This contingency allows you to obtain satisfactory homeowner's insurance for the property. It ensures that you can secure insurance coverage at a reasonable cost and with suitable terms.
• Pest inspection contingency: If you are concerned about pest infestations, such as termites or other wood-destroying organisms, you can include a pest inspection contingency. It enables you to have a professional pest inspection conducted, and if significant pest issues are found, you can request remediation or terminate the contract.
• Homeowners’ association (HOA) contingency: If the property is part of a homeowners association, you may want to include an HOA contingency. It provides an opportunity to review the HOA documents, rules, fees, and restrictions. If you are not satisfied with the terms, you can withdraw from the contract.
• Attorney review contingency: In some jurisdictions, it is common to have an attorney review contingency. This allows you to have an attorney review the purchase agreement and related documents within a specified timeframe. If any legal concerns or issues arise, you can address them before proceeding.

These contingencies are general examples, and their availability and specific terms may vary depending on the local real estate practices and regulations. It is important to consult with a real estate professional or attorney who can guide you through the specific contingencies applicable to your situation.