A contingency is a potentially negative event that may occur in the future, such as an economic recession, natural disaster, or fraudulent activity. Companies and investors plan for various contingencies through analysis and implementing protective measures.
The buyer has to provide one, or more, signed Contingency Removal forms. Each one removing, or more, of the contract contingencies. Once the buyer has removed all of them in writing, they may no longer receive a refund of their deposit.
The contingency removal form is actually designed to cover the removal of both buyer and seller contingencies. The first section of the form focuses on contingencies that allow the buyer to back out. The second section deals with the seller's removal of a seller contingency.
The contingency gives a buyer a contractual excuse to cancel the contract, during the contingency period, if the buyer is not satisfied with its condition, or any other matter affecting the property. The contingency stays in place until removed in writing by the buyer.
A real estate contract with no contingencies does not have any clauses that outline specific requirements that must be met for the deal to go through. These purchases may close more quickly, but they also provide less protection in case something goes wrong.
If the seller wants to enforce the deadline, they may send a Notice to Buyer to Perform, and then cancel the contract if the buyer still does not remove the contingencies.
A home inspection contingency is one of the most often waived conditions. This is because details of the home's condition may already be publicly available or accessible through the seller. Waiving a home inspection also doesn't impact their ability to get financing.
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.