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How Contingencies Protect Buyers in Real Estate Contracts

  • Writer: Limor Matalon
    Limor Matalon
  • Aug 15, 2025
  • 2 min read

Buying a home is exciting—but it’s also a big financial commitment. That’s why most real estate contracts include contingencies. These clauses give buyers the right to back out of a deal (or renegotiate) if certain conditions aren’t met, protecting them from risks that could otherwise be costly or stressful.


What Are Contingencies?

Contingencies are conditions written into a real estate contract that must be satisfied before the sale can close. If the conditions aren’t met, the buyer can usually walk away without losing their earnest money deposit.


Common Types of Contingencies

  1. Home Inspection Contingency

    • Allows buyers to inspect the property for structural, safety, or maintenance issues.

    • If problems arise, the buyer can request repairs, negotiate credits, or cancel the contract.

  2. Appraisal Contingency

    • Protects buyers when financing a home.

    • If the appraised value is lower than the purchase price, buyers can renegotiate or exit without penalty.

  3. Financing (or Mortgage) Contingency

    • Ensures buyers aren’t stuck if their loan application is denied.

    • If they can’t secure financing by the deadline, they can withdraw from the deal.

  4. Title Contingency

    • Gives buyers time to verify that the property has a clear title (no liens, claims, or disputes).

    • If issues arise, the buyer can walk away unless the seller resolves them.

  5. Home Sale Contingency

    • Lets buyers tie their purchase to the successful sale of their current home.

    • Helps prevent being financially responsible for two mortgages at once.


Why Contingencies Matter for Buyers

  • Peace of Mind: Buyers know they’re not locked into a deal if major issues arise.

  • Negotiation Power: Contingencies provide leverage to request repairs or price adjustments.

  • Financial Protection: Safeguards earnest money deposits and prevents unexpected financial strain.


Final Thoughts

While contingencies may seem like just another layer of paperwork, they’re a critical safeguard for buyers. They help balance the risks in a real estate transaction, ensuring buyers don’t move forward unless everything checks out.

 
 
 

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