Why you need contingency clauses in your home purchase contract

On Behalf of | May 24, 2024 | Real Estate Law |

The process of buying a home is not without its challenges. Some things may not work out as you intended, which is why you need to have contingency clauses in your purchase contract. It can help protect your legal and financial interests.

Contingency clauses allow you to back out of the deal or renegotiate the terms under specific circumstances or if certain conditions are not met. For instance, you may be unable to secure financing for the property, discover property defects upon a home inspection or find out that the property appraisal value is way short of the agreed-upon purchase price.

Under such circumstances, having the necessary consistency clauses in your home purchase contract can help protect your interests.

You can avoid legal issues

A home purchase contract is legally binding, and you cannot terminate it whenever you want without legal consequences. The seller may sue you for breach of contract if you unexpectedly cancel the deal, even if your reasons are valid. A contingency clause can help you avoid this. 

You will not lose your deposit

Contingency clauses ensure you have an exit from the deal without facing financial repercussions. Without them, you may face certain penalties, like losing your earnest money if you walk out of the purchase contract.

Protect your investment

Contingency clauses can also help you avoid overpaying for a home. If you, for example, uncover defects or the appraisal comes in lower than expected, you can negotiate the price to get a better deal or cancel the deal. 

When it comes to home purchase contracts, the devil is in the details. You may unknowingly overlook such clauses when buying a home despite their importance. Getting a qualified review of the terms of the deal before signing any paperwork can help ensure a smooth transaction.