contingency

CONTINGENCY – WHAT DOES IT MEAN?

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You make an offer on your dream home and within your offer there are several areas that you fill in that reference the word “contingency” – what does this mean, and why is it important?

CONTINGENCY

kənˈtinjənsē/

noun

A future event or circumstance that is possible but cannot be predicted with certainty.

The contingencies you will encounter most in Real Estate are the home inspection contingency, financial contingency, and the appraisal contingency.

The most common contingency is the home inspection contingency. This contingency basically states that if, at any time during the home inspection process you and the seller are not able to reach agreeable terms, you are allowed to void the contract and receive your earnest money deposit back without penalty. Essentially, these contingencies are there to protect YOU – the consumer – in the unforeseen event that something is not going well with the purchase of the home.

What if you make an offer but the seller finds that your financing contingency is just too long? Why do they care?

From the Seller’s prospective all of the contingencies are a risk, and if you make the contingencies too long or to aggressive, you risk turning the Seller off in regards to your offer. Most Sellers are looking for short timelines and to secure the strongest offer they can get. So the bottom line is, keep your contingencies to a reasonable and attainable limit, protect yourself, but also help instill confidence and security within your offer to the Seller.

BUYER TIP: If you are bidding on a home with multiple offers, sometimes it can help to shorten contingency periods – or waive them altogether. You may not necessarily have to pay more money, and you may win by just being more flexible!

If you are looking to buy or sell a home, or need help navigating or negotiating a contingency, contact us today – we would love to help!

The JS Realty Team – not only serving Brambleton, serving all of Northern Virginia.

MULTIPLE CONTRACT NEGOTIATION

Great job! You presented your home in great fashion and priced it correctly, so now you have multiple offers on your home. But how do you decide which contract to ratify? Obviously, price is a major factor, but it’s not the only factor you should consider. Financing, contingencies, rent backs, settlement dates and conveyances are other items you need to consider before deciding on which offer to work with.

Your Real Estate Agent will guide you through negotiating the best terms and conditions possible. At JS Realty we use a spreadsheet that lists all the important, negotiable components of the offers side-by-side to make it easier to compare offers. Start with your highest offer and work your way through the other elements of the contract. This is the time you have the most leverage in your negotiations, so use it wisely!

Following is a list of the other components of the contract that you should review closely with your Real Estate Agent:

Buyer’s Financing – is the offer a conventional loan or is it a government backed loan such as an FHA or VA? Conventional loans tend to have less stringent home inspection and appraisal requirements.

Home Inspection Contingency – if an offer has no home inspection or if the home inspection is for informational purposes only, that could save you (the Seller) money on repair costs.

Settlement Date – if you would benefit from a rent-back now is the time to put that in place. Sometimes we are able to negotiate a free rent back in multiple offer scenarios, which gives you the freedom to make your move easier and less stressful.

Appraisal Contingency – this can be the hardest contingency to get waived, but in some multiple contract situations we have been successful in getting the appraisal contingency waived.

Contingency Timelines – you will want to shorten the timelines for home inspections and any other inspections to as short as possible. The job of your Real Estate Agent is to get all of the contingencies in the contract released as soon as possible. Appraisal & financing contingencies are difficult to shorten too much, because you are relying on 3^rd parties to do their job, so therefore you have less control.

Down Payment – how much a buyer is putting down for down payment and earnest money deposit also plays a part in your decision for which contract to choose. The more money a buyer has invested in the transaction, the more committed they are.

Remember: this is when you hold the most leverage of any time during your transaction, so make it work for you!

Feel free to reach out to the JS Realty Team with any questions about multiple contracts or any other Real Estate related questions!

The JS Realty Team – not only serving Brambleton, serving all of Northern Virginia.

REVIEWING AN OFFER TO PURCHASE YOUR HOME – Part 2 of 2

Great news – you’ve received an offer to purchase your home! …Now what?

In this 2-part series, we’re walking you through everything to consider when reviewing an offer to purchase your home for a successful and smooth transaction. If you missed PART 1, you can find it here.

Now that we’ve reviewed the offer, checked out all the loan info and gotten a settlement date, it’s time to discuss Inspections, Warranties, Contingencies, and Post Settlement Occupancy.

Most contracts have the following contingencies:

Home Inspection
Radon test
HOA disclosure
Financing & Appraisal

When the JS Realty Team is representing the seller we want to keep the timeline for these contingencies to be as short as possible. The sooner we can close the contingencies, the better chance for a smooth settlement!

So, who is responsible for ordering the pest/termite inspection?
We like our clients to be in control of that process. Termite companies don’t make money on inspections; they make their money treating homes for pests. Therefore, we want to make sure we hire a reputable company.

Ideally, the home inspection and radon test are done within 7 days of ratifying the contract. If there is an issue with the home that the buyer is not comfortable with, we want to know as soon as possible. That way we can solve the problem or release the buyer and get the home back on the market immediately.

If the seller’s home is located in a HOA, then the seller needs to order their resale disclosure packet as soon as contract is ratified. By Virginia law, the buyer has a prescribed time (dictated by how the disclosure packet was delivered) to review the disclosure packet. If the buyer is not comfortable with the rules or finances of the community, they can void the contract. It is very important to get this contingency released as quickly as you can.

Appraisal – this takes, on average, 2-3 weeks. The lender orders the appraisal so you need to give them time. Financing is typically 3-4 weeks and it is the weakest of the contingencies. The buyer has control over the home inspection and HOA disclosure contingencies; however they do not have as much control over the appraisal and financing. That is why we want the Home Inspection completed and HOA documents reviewed as early on in the process as possible.

Another item to consider when ratifying your contract is whether or not you need a Seller Post Occupancy period. This needs to be negotiated at contract time where the seller has the most leverage.

JS Realty also offers a home warranty for our seller’s during the listing period. If we have agreed to purchase the buyer’s a warranty for their first year, it would be put into place at settlement.

As you can see, staying on top of all the different components of the sales contract is essential to a smooth transaction. Again, the sooner we can close the contingencies, the better chance for a hassle free settlement! The JS Realty Team strives to ensure that our sellers have the best possible outcome in the many facets of the Real Estate transaction.

The JS Realty Team – not only serving Brambleton, serving all of Northern Virginia.

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