Real Estate Contingency
Need to understand what is a real estate contingency?
In general, a contingency is a condition for something to happen, so the real estate contingency definition relates to provisions included in the sales contract stating that certain events must occur, certain actions must be taken and/or certain conditions must be met in order to make the contract valid. If not; the sales contract will automatically be voided.
So, in a lot of ways, a real estate contingency is also a negotiation tactic. A way to force the other party to take an action, otherwise you will back off the deal.
Here are some examples of a real estate contingency:
- A home inherited by a son while his father is alive and living in it, will only have its title transferred to him, once the father dies. The transfer of title – already signed and everything – is contingent to the father’s death.
- The need for the mortgage itself is a real estate contingency and most contracts have in writing something like “This contract is contingent upon the securing of a mortgage loan at an interest o X% or less by the home buyer”. With a deadline set, should the home buyer not secure that financing and not request in writing a deadline extension – plot twist! - the contingency clause itself can become null and the home buyer becomes obligated to purchase the property; even if the loan is not secured.
- The whole deal is usually contingent to a positive report by the home inspector in relation to certain minimum safety requirements.
Another real estate contingency is done on appraisal contracts. To protect the property, the homeowner makes a contingency clause in the appraisal contract establishing a minimum value for the house. If the appraiser values the house under, he agrees not to record the findings and make the appraisal null. He does receive the money for his services, though. But that only happens when the owner does the appraisal with no buyer yet; before he puts the house on the market. When there’s a home buyer, then the real estate contingency is usually to protect the home buyer, not the home seller: if the value is under the minimum, the home buyer can back away from the deal and, in many cases, retrieve the earnest money.
A real estate agent should be your contingency when selling or buying a house. They are used to all sorts of real estate contingencies; they’ve seen them all. Have one by your side helping you dodge the problematic ones and taking advantage of the helpful ones!
Popular Real Estate Terms
Initial user of real estate property, such as the first tenant in a newly constructed apartment building or office building ...
A noncurrent loan in which the principal, interest, or maturity is related to a particular index. Therefore, period adjustments are necessary to conform to the change in the applicable ...
Ask Price is the initial listed price for a piece of real estate.It’s important to understand that, in the real estate world, there’s no such thing as a fixed price when buying ...
Warranties issued by contractors, sellers, and real estate agencies that protect home buyers from specified defects in a house as per the contract. ...
The definition of acoustical materials is a wide range of materials that are used in construction or technology to provide soundproofing. There are different types of acoustic materials ...
Tables used to compute the monthly mortgage payment that consists of principal repayment and interest. A loan amortization type of formula is used. The tables have monthly payments for any ...
Legal suit in which the plaintiff sues the defendant for some reason. A counterclaim of litigation is to exercise one's legal rights. There are many causes for litigation including damages ...
A reassessment or a reappraising is a decision or strategy made by the owner or the state or local authorities. The reassessment definition is a revision of an earlier assessment. Property ...
Tenant breaks the lease because the landlord does not keep the premises habitable. ...

Have a question or comment?
We're here to help.