When a buyer makes a contingent offer on a house, they're saying, “I want to buy this house, but only if certain conditions are met.” These are the conditions, or contingencies, that can be: The buyer needs to sell their current home first. The house needs to pass a home inspection.
A contingency clause should clearly outline the conditions, how the conditions are to be fulfilled, and which party is responsible for fulfilling them. The clause should also provide a timeframe for what happens if the condition is not met.
What are the most common contingencies? Some of the most common real estate contingencies include appraisal, mortgage, title and home inspection contingencies.
The most common contingency is the home inspection contingency. This condition on an offer states the home sale will only be finalized if the property passes a professional home inspection. In other words, buyers can walk away from a home sale if the home inspection turns up serious problems.
The average contingency rate falls between 20-40%, with most lawyers charging around 33% to 35% of the total amount recovered in a case. The exact percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved.
Contingency clauses help parties find common ground when they have divergent future expectations. However, they come with complexities and potential drawbacks, such as increased administrative overhead and the need for careful negotiation and drafting.
Contingent contracts usually occur when negotiating parties fail to reach an agreement. The contract is characterized as "contingent" because the terms are not final and are based on certain events or conditions occurring. A contingent contract can also be viewed as protection against a future change of plans.
A "contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen.