Real Estate · Contracts

What is the effect of a contingency, such as a financing or inspection contingency, in a purchase agreement?

Correct answer

It is a condition that must be satisfied (or waived) for the contract to proceed; if the contingency is not met, the protected party may typically cancel without breaching and recover their earnest money

  1. A It makes the contract void from the start
  2. B It is a condition that must be satisfied (or waived) for the contract to proceed; if the contingency is not met, the protected party may typically cancel without breaching and recover their earnest money
  3. C It guarantees the sale will close
  4. D It only benefits the seller

Why this is the answer

A contingency is a condition written into a purchase agreement that must be met before the contract becomes fully binding or the parties are obligated to close. Common examples include financing contingencies (the buyer must obtain a loan), inspection contingencies (the buyer may inspect and object to defects), appraisal contingencies, and the sale of the buyer's current home. If a contingency is not satisfied within its time frame and is not waived, the party it protects can usually cancel the contract without being in breach and recover the earnest money deposit. Contingencies allocate risk and are central to how real estate contracts operate, so they appear often on the exam.
Source: Real Estate Principles, Contract Contingencies

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