Real estate deals have different aspects, and loan contingency removal is one of them. It is useful for buyers and sellers as well. When buyers and sellers want to complete a deal, they have to meet the conditions that contingency clause set for them. To close a deal, the seller has to wait 30 to 60 days. During this time buyer can cancel the deal. Usually, buyers do not add contingency in their deals, as they reject due to contingency. But before doing anything, you need to understand different aspects of contingency.
What is a Loan Contingency?
Contingency is a condition for a home sale, which is important to meet for both buyer and seller. It protects both of them from inconveniences. Loan contingency is also called finance contingency or mortgage contingency. It protects the sellers and ensures that the contract will automatically end if the buyer cannot make the payment within a given time frame. The buyer will get his token money back, and the seller will have the right to sell it to anyone.
Interest rates and other charges are also added to the loan contingency, which the buyer gets if the deal ends successfully. It also helps if the mortgage is not available on agreed terms and conditions. If there is no chance of full mortgage approval, buyers must include loan contingency. However, one has to be very careful with loan contingency as they have to fulfill the contract terms.
Loan Contingency for Buyer’s market.
Loan contingency affects buyers and sellers differently. If you are a buyer, loan contingency can favor you. On the other hand, sellers have to facilitate buyers and have to permit contingencies. For example, if the buyer finds some problem in the house or fails to arrange a loan to buy the house, he can end the deal without paying any fine. Moreover, the buyer can negotiate the closing costs as well.
Loan Contingency for seller’s market
Buyers and sellers have to set a time frame for the deal's completion; the seller can set a shorter deadline if he is comfortable with it. Buyers have to follow the terms, or the deal will be considered as ended. The seller will be in a situation to accept any better offer.
What is loan contingency removal?
Loan contingency removal is a difficult situation for the buyer. If the buyer couldn’t get the required finances, buyer has to buy the property anyway. If buyer ends the deal, will lose the token money he has deposited initially.
There are two ways for Loan contingency removal, which we are discussing here.
Active loan contingency: in this type of contingency, the buyer can choose to remove the clause when wants. The buyer has to fulfill the contract terms, or will inform the seller is removing the loan contingency. If the time frame for the deal's completion is set, the contingency is applicable, and the buyer can end the deal without any financial loss.
Passive loan contingency: If the set deadline for the completion of the contract reaches, the loan contingency removal automatically applies. So buyers have to arrange the finances within the given time frame. Within the set deadline, can inform the buyer that they is unable to arrange the money. If they end the deal, they will lose the money initially deposited. If they informs the seller within the deadline, they can end the deal without losing his money.
When should you remove the loan contingency?
There is no hard and fast rule for the removal of loan contingency. If the seller's market is very competitive, the buyer can remove loan contingency to make his offer more attractive for the sellers. However, it can be risky as well because you may lose your initial deposit. If you are a buyer, go for loan contingency removal only if you are sure to get the required mortgage loan or have the cash to make full payment. You can also remove a contingency loan if a friend or family member is ready to give you financial support.
Removing this loan means it is not included in the contract. If it's part of the contract, it will expire after a fixed date.
Loan contingency: Some details for the buyers
Buyers are the most affected party when we talk about loan contingency removal. So, they should have complete information about it.
Duration of contract
Buyers and sellers have to agree on the contingency time frame. The buyer will use this tie to get mortgage approval. The duration of the deadline can be one to two months. If the buyer fails to get the approval within this time, the seller has the right to cancel the contract. If the buyer manages to arrange the money, he can remove the loan contingency and finalize the deal. Manage your financial activities
You have to plan your financial moves very carefully when you are planning to buy a house. The seller can ask for a shorter deadline, and it might not be easy to manage. If you want to apply for a mortgage loan, avoid making big purchases and end your credit lines. In addition, avoid any activity which harms your credit score. A good credit score increases your chances of getting loan approval.
Consider alternative options
Removing contingency loans is a risk for buyers, so instead of it, consider other options. For instance, you can offer a big down payment. Then, if the seller signs an initial contract with you, you can negotiate the property's price.
These are just a few options, which you must keep in mind. Other than loan contingency, we have to deal with other contingencies in real estate. Home inspection contingency, appraisal contingency, and Radon contingency are some popular ones.
In short, loan contingency is a security for the buyer and seller. It saves the buyer's money if they cannot arrange the mortgage loan within the deadline, and it helps the seller to accept a better deal if the buyer fails to arrange money. A lot of pros and cons are associated with it, so make your move carefully.
If you’d like to talk more about property management, or you need help with Everest Property Management, please contact us at Everest Realty.
As a top producing Realtor and Property Manager; Terry specializes in sales, extensive construction homes, rentals, REO’s, short sales, and all aspects of Real Estate. After graduating the University of Michigan with a master in MBA, Terry continued his endeavor and now has over 15+ years of experience in the Real Estate world. If there is anything that has to do with Real Estate and sales, you can always be sure of Terry to provide important, specialized knowledge.
