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Do I have to consider contingencies?
Selling a home can be a
tricky process particularly during the negotiation phase. Added stresses can come up during this part
of the home sale and issues such as fair asking prices, the state of the local
real estate market, and property law come into the forefront during this
period. One other worry that home sellers
often face is the prospect of contingencies.
Contingencies are essentially clauses that are written into the contract that
states the terms of a home sale. They
are only negotiable during the negotiation phase of a property transaction and
if they are not executed, the contract can be legally cancelled. There are usually two standard contingencies
that are written into every contract that are designed to ensure that the home
sale is fair.
The first of these contingencies is based around financing. Essentially, this financing contingency is
designed to allow the prospective homebuyer from backing out of the property
purchase in cases when they are unable to obtain a loan commitment from a
lender and consequently is unable to honor their financial obligations. The second of these standard contingencies
is an inspection contingency. This
contingency is designed to allow the prospective homebuyer from backing out of
the property purchase in instances where a neutral, outside professional
inspector has found that the home has major problems that were hidden by the
home seller.
These two standard
contingencies are designed to ensure that home selling negotiations are done in
good faith. However, many home sellers
often worry about other contingencies that prospective homebuyers may demand. For the most part, a home seller will not
have to worry about an excessive number of contingencies when the local real
estate marker is a seller’s market. A
seller’s market is basically real estate conditions in which there are much
more people looking to purchase a home than there are available homes for
sale. However, in situations where the
local real estate market is a buyer’s market, or when there is much more homes
for sale than there are prospective homebuyers, a home seller must be prepared
to be flexible and accept contingencies.
Although the type of real estate market conditions are an important factor in
determining whether a home seller will have to consider adding contingencies to
the contract, the most important factors are: the price that the home seller
wants for their home and also the condition of the property.
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