When Do I Need A Contingency in My Offer?

Couple Making a Decision

 

Frequently Unasked Questions

To Have or Forgo a Contingency When Buying a Home

 

Contingencies in Plain English

Contingencies are basically “escape hatches” in a contract. They let a buyer back out without losing their deposit if something goes wrong with inspections, loans, or appraisals.

Why agents like them: they protect us (and you) from future problems.
Why sellers don’t like them: they slow things down, create uncertainty, and can cost them time and money.

In a Competitive Market

When several buyers want the same house, the winning offers usually:

  • Pay more than the asking price.
  • Skip contingencies (no inspection, loan, or appraisal outs).
  • Accept the home “as is.”
  • Sometimes, even let the seller rent back for a while (for free).

If your offer includes contingencies, sellers may prefer a lower offer without them because it feels more “guaranteed.”

Example

  • Buyer A: offers $1,000,000 with no contingencies.
  • Buyer B: offers $1,020,000 with 10-day inspection and loan contingencies.

Most sellers will pick Buyer A—even though it’s $20K less—because it’s a sure thing. That means Buyer B essentially wasted $ 20,000 trying to “buy” time for extra inspections.

Alternatively, the seller will ask Buyer A with the lower offer to match your offer, and again, you’re on the losing end of the deal.

 

Inspections

If the seller already paid for professional inspections, asking for another 7-day inspection window can look suspicious. The seller now risks having to share bad or sloppy reports with future buyers, which could taint the property. Unless you have a good reason, relying on the provided inspections gives you a stronger position.

Loans & Appraisals

  • Loan contingencies: If you’re pre-approved and even apply with two lenders (“double app”), you may not need this safety net.
  • Appraisal contingencies: If the home appraises lower than your offer, the bank only lends based on the appraised value. You’d need to make up the difference.
    • Example: You offer $1M with 20% down. Appraisal comes in at $950K.
      • Bank lends 80% of $950K = $760K.
      • You cover the rest: $240K instead of $200K.
    • You don’t have to cover the full $50K shortfall, just your share (20%).

In our 30+ years, we’ve almost never seen appraisals kill a deal—99.8% come in at value or higher.

Bottom Line

  • Contingencies = safety nets for buyers.
  • No contingencies = stronger offer in a bidding war.
  • Every contingency you can confidently skip makes your offer more attractive without raising the price.

Use contingencies only when you need them, not when you want them.

 

Drew and Christine Morgan are experienced REALTORS and NOTARY PUBLIC located in Belmont, CA, where they own and operate MORGANHOMES, Inc. They have assisted buyers and sellers in their community for over 30 years. Drew and Christine have received the coveted Diamond award, ranking among the top 50 agents nationwide and the top 3 in Northern California by RE/MAX. To contact them, please call (650) 508.1441 or emailinfo@morganhomes.com.

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This article provides educational information and is intended for informational purposes only. It should not be considered real estate, tax, insurance, or legal advice; it cannot replace advice tailored to your situation. It’s always best to seek guidance from a professional familiar with your scenario.

BROKER | MANAGER | NOTARY

 

 

 

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