Home LawSmart Library Discussion Boards F.A.Q.'s Law Books The Document Center
Legal Document Center

Let us help you find what you are looking for today. Fast, reliable and convenient.


Enter one or more keywords to search; e.g. drunk driving
Find the right attorney - over 600,000 listings
1)   2) Area Code   Or, City and  
Rate this information

Making an Offer to Purchase…With Contingencies

By: LawInfo
Published: 08/2009
It is exciting to find a home that you want to purchase. You may walk through the home and admire the floor plan, the architecture, or the style of the home and you may begin to picture yourself living in the space. You may decide that this is the house that you want to purchase. If so, then you will need to make a formal offer to purchase to the current owners of the property.
 
In your excitement, it is important to remember to protect yourself in the home buying experience. While you want to present a strong and reasonable offer, you also want to provide some contingencies in your formal offer to purchase document that will allow you to back out of the sale without penalty under specific circumstances. Some of the most common offer to purchase contingencies include:
 
  • A Low Appraisal: there are a lot of emotions involved in buying a house but there are also important financial considerations. If the house appraisal comes in for significantly less than your purchase price then you might not wish to purchase the home.
  • A Bad Home Inspection: There are many things that can go wrong in a home inspection and almost every inspection report will recommend some kind of improvement that should be made on the property. That said, if the home inspection comes back with many problems or a single expensive problem, then you might wish to cancel your offer to purchase unless the seller agrees to remedy the problem.
  • Being Denied a Mortgage: If your mortgage is not approved then you will not have the funds available to purchase the property and you will likely want to back out of the sale.
  • Discovery of Title Problems: Your title search may reveal that the property is subject to numerous easements or has an encumbrance that you do not want. It could also reveal an uncertain chain of title. In either case you might wish to find another home to buy.
  • Being Unable to Sell Your Existing Home: Some buyers make their purchase of a home contingent on the sale of their existing home so that they have the funds to purchase the new home and so that they do not carry two mortgages at the same time. If your existing home does not sell by a certain date then you might wish to back out of the sale of a new home.
 
When you’ve found the home that you would like to purchase, it is important that you make your offer to purchase with the contingencies described above so that you are truly getting the home of your dreams. In order to take advantage of these contingencies they must be explicitly included in your offer to purchase that is accepted by the seller. You can find and complete a standard offer to purchase document that is appropriate for your situation or you can consult a real estate attorney for further guidance.

Other Real Estate Articles

  • Put a Lid on it!! Neighbors, Noise and How to Alleviate the Nuisance 5 Star Rating
    Do you have noisy neighbors ?  Does it interfere with your sanctuary at home?  Do you wonder if it will ever stop? If you are currently in a situation where … More
  • What are
    Traditionally, homeowner’s insurance policies have contained an exclusion clause for damages caused by “acts of God”, a catch-all term that covers … More
  • What is the Real Estate Settlement Procedures Act (RESPA)?
    RESPA is a federal regulation that governs certain aspects of the closing and settlement process in a real estate transaction. Designed to protect consumers who … More
  • Buying a Home
    Buying a home is a big step in everyone’s life, and for many people, obtaining a mortgage loan in order to buy a home is the most significant debt that they … More
  • What You Need to Know About Your Home Inspection
    Before you purchase a home it is important to have a thorough inspection done by a qualified home inspector. You might think that you’ve found the right … More
  • How to Obtain Homeowners Insurance
    A home is a big investment both for you as the buyer and for the bank that has your mortgage. Most mortgage providers will not loan you money unless you insure … More
  • 1031 Exchanges
    Property is often bought and sold for business purposes. It makes sense, from a public policy perspective, to encourage the buying and selling of property so … More
  • Qualified Personal Residence Trusts
    For many people, their primary residence is one of their biggest lifetime investments. It might constitute a large part of their estate and a large part of the … More
  • Sharing Your Property With Tenants
    If you are lucky enough to own a piece of property that has a backhouse, cottage or granny flat on it then you may wish to rent that structure out for additional … More
  • Installing a Fence Can be a Good Legal Strategy
    You’ve heard that common saying – that good fences make good neighbors? Well, it turns out that the saying is true and for more reasons than the … More
1 2 >>

LawSmart Home  |   About LawSmart  |   LawSmart Library  |   Legal Document Center  |   Contact LawSmart
Privacy Policy  |   Terms and Conditions  |   Sitemap
  |  Legal Forms   |  FAQ