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Common Real Estate Contingencies
Contingencies help to spell out the specifics of a real estate transaction by dictating what must happen so the contract becomes legally binding. If certain conditions aren’t met, the applicable contingency gives the buyer and the seller the right to back out of the contract per their agreed-upon terms. When selling your home, a buyer may make their offer with contingencies attached. Here are some common contingencies you might see in a buyer’s offer and what they mean for you.
Common Real Estate Contingencies
Home Inspection Contingency
A home inspection contingency allows the buyer to have the home professionally inspected within a certain window of time. If the buyer finds outstanding repairs that need to be made, they can negotiate them into their offer. If the seller chooses not to make the repairs outlined in the buyer’s home inspection report, the buyer can cancel the contract.
As a seller, it’s important to be transparent in listing any issues with the home. This is why many sellers find a pre-listing inspection to be beneficial: it provides transparency about the home’s condition ahead of time and can help to streamline the buying process, which can be especially helpful when selling in competitive markets.
Financing Contingency
Also known as a “mortgage contingency,” a financing contingency gives the buyer a specified period of time to secure adequate financing to purchase the home. Even if a buyer is pre-approved for their mortgage, they may not be able to obtain the right loan for the home. If they are unable to finance the purchase, the buyer can back out of the contract and recover their earnest money, and the seller can re-list the home.
The seller won’t be on the hook if the buyer fails to cancel the contract. Even if the buyer is not able to secure financing by the agreed-upon date, they are still responsible for purchasing the home if they do not terminate the contract.
Image Source: Getty Images – Image Credit: fizkes
Appraisal Contingency
An appraisal contingency states that the home must appraise for, at minimum, the sales price. It protects the buyer in that it allows them to walk away from the deal if the property’s appraised value is lower than the sales price, and typically guarantees that their earnest money will be returned. This can be an issue in certain markets where demand is driving prices up to numbers that appraisals don’t reflect. Depending on the agreement you make with the buyer, you may be able to lower the price of your home to the appraised amount and sell it at that price. When selling your home, remember that there is a difference between appraised value and market value. An appraiser’s value of a property is based on several factors using comparative market analyses, whereas market value is what buyers are willing to pay for a home.
Home Sale Contingency
If a contract includes a home sale contingency, it means that the buyer is tying their purchase of a home to the sale of their existing one. Though it is common for homeowners to buy and sell a house at the same time, attaching a home sale contingency to an offer does create some added variability in a real estate transaction that sellers should be aware of before accepting such an offer. This contingency allows buyers to sell their current home and use the proceeds to finance the purchase of their new one. Although you will have the right to cancel the contract if your buyer’s home is not sold within a specified time, you’re still waiting on them for the deal to go through, which means you could potentially miss out on other offers while you wait.
Title Contingency
Before the sale of a home goes final, a search will be performed to ensure that any liens or judgements made against the property have been resolved. A title contingency allows a buyer to raise any issues they may have with the title status of the property and stipulates that the seller must clear these issues up before the transfer of title can be complete. If an unpaid lien or unpaid taxes turn up in the home’s title search, this contingency also allows the buyer to back out of the deal and look for another home. A majority of sellers will pull a pre-title report to provide transparency for a smooth transaction.
These are just some of the contingencies you may encounter in a buyer’s offer. Work closely with your agent to understand the terms of these contingencies and how they impact the sale of your home as you go about finding the right buyer. For more information on the process of selling your home, read our blog post on common mistakes to avoid:
A Quick Guide to Understanding Real Estate Designations
What do those letters and acronyms mean at the end of your real estate agent’s name? We’re here to answer that question and explain why it might matter to you. Like other professionals, real estate agents have the ability to specialize in certain areas of the business by earning designations. Those acronyms signify that they have achieved a specific designation through extensive training and education. In simple terms, designations enable agents to increase their skills, proficiency, and knowledge in various real estate sectors. They can also provide agents with access to members-only marketing tools and resources which can be an added benefit to their clients.
So why should real estate designations matter to you? Depending on what your specific real estate needs are, certain designations might mean more to you than others. For example, if you are in need of a real estate agent who can help you or your loved ones transition to a senior living facility, you may want to work with a Senior Real Estate Specialist (SRES), because they are trained to understand the unique needs of seniors and their families in this type of situation. Or, perhaps you’re selling your LEED-certified home and you want an agent who specializes in marketing these types of properties, then you may want to work with a Certified Green Real Estate Professional (CG-REP).
The National Association of REALTORS® offers the largest number of professional designations, which are designed to provide real estate agents with specialized training in a variety of areas. Here is a list of those designations and how they benefit real estate consumers.
Accredited Staging Professional (ASP): By increasing a home’s appeal to a higher number of buyers, home staging is commonly considered one of the best ways to sell a property more swiftly and for more money. Agents with an ASP designation understand the art of home staging and use special marketing techniques to increase the market value of a home.
Senior Real Estate Specialist (SRES): If you are considering retiring, downsizing or are trying to help an aging loved one transition to an assisted living facility, a SRES trained REALTOR is qualified to help support clients over the age of fifty with lifestyle transitions and major financial decisions. This includes knowing what to look for if you prefer to age in place, finding the resources to support a move from movers to financial advisors, and more.
NAR Green Designation (GREEN): If you are looking to buy or sell a LEED Certified home, a GREEN REALTOR will have the expertise to help you. They are trained in sustainable and earth-friendly building trends, energy efficiency, and more.
Accredited Buyers Representative (ABR): If you are a first time homebuyer you may want to find an ABR designated agent. They are specially trained to work with buyers through every step of the home-buyer process from mortgage to closing.
Accredited Land Consultant (ALC): Land experts have expert knowledge and experience in land auctioning, leasing, development, farm management, land investment analysis, and tax deferment. This type of designation is not needed for a general home purchase, but if you are looking at investment, development, or farming properties, an ALC can help.
Certified Commercial Investment Member (CCIM): Purchasing or leasing space for your business is different than finding a home for yourself or investment property. If you need a commercial space, a certified commercial agent can help you locate this type of property and negotiate the intricacies of the contracts.
Certified International Property Specialists (CIPS): International real estate can differ greatly from domestic transactions. If you are looking to purchase a home abroad, consider working with an agent who has their CIPS and specializes in international real estate. They can provide tools for understanding the international process, access to a global referral network, and additional international resources.
Certified Property Managers (CMP): Managing a rental property can be a complicated, time-consuming process. There are specific laws you have to follow, resident screenings, 24 hour maintenance issues, and more. A CMP is specially trained to manage your residential or commercial property on your behalf.
Certified Real Estate Brokerage Manager (CRB): Managing a real estate business involves much more than overseeing an office with staff, marketing, and other resource needs. CRBs go through certification and extensive training for supervising a real estate brokerage, with essential business development and management requirements.
Certified Residential Specialist (CRS): The prestigious CRS designation is awarded to experienced REALTORS who have completed advanced professional training and demonstrated outstanding professional achievement in residential real estate. This designation signifies one of the highest levels of success a REALTOR can achieve.
Seller Representative Specialist (SRS): Sometimes referred to as a “listing agent”, there are agents who specialize in working specifically with sellers. These agents have special training in all areas of the home selling process, providing increased professional standards and marketing expertise.
Certifications:
Military Relocation Professional Certificate (MRP): If you are a military service member or are relocating on behalf of the military, an MRP is specifically trained to address your relocation needs. They can help you navigate through the financial process because they are aware of the benefits available to service members and can address the unique relocation needs of military clients.
Resort & Second-Home Property Specialist Certification (RSPS): If you have a destination property, consider working with a RSPS certified agent to manage the buying, selling, or management process. They have training specific to managing investment, retirement, resort, and vacation destination properties.
Short Sale & Foreclosure Certification (SFR®): Short sales are different than typical home sales because they deal directly with financial institutions. SRF certified agents are experienced at negotiating these types of transactions and are trained to work with finance, tax and legal professionals on behalf of distressed sellers.
Go here for a complete list of designations: http://www.realtor.org/designations-and-certifications
