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Contingency Clauses in Contracts

Started by NYCDowntown
about 17 years ago
Posts: 71
Member since: Jul 2009
Discussion about
I am a first time home buyer was wondering what kind of contingencies, in addition to a loan contingency, to put in our contract? Here's what I am thinking: 1. Board Approval Contingency 2. Loan contingency - if we get the commitment letter and somehow the bank backs out last minute, my initial deposit of $70K shall be returned. 3. Right now, it says that they expect closing to be 11/1/2009. And the contract states taht the contract shall be void after 11/30/2009. Is this a fair clause? I ask because what if the bank takes extra long to lock in the rate? Any other input would be great. Thanks!!
Response by columbiacounty
about 17 years ago
Posts: 12708
Member since: Jan 2009

get a good attorney. he/she can guide you through this.

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Response by notadmin
about 17 years ago
Posts: 3835
Member since: Jul 2008

http://www.nytimes.com/2009/08/23/realestate/23cov.html?_r=1&hpw

"The problem is so pervasive that some lawyers have begun incorporating sellers’ representations about bedbugs into sales contracts, adding to now-standard ones about leaks, mold and noise issues."

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Response by LuchiasDream
about 17 years ago
Posts: 311
Member since: Apr 2009

Yes. When it's time for me to buy, I'll definitely make sure the whole bedbug thing is covered in my contract :)

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Response by rb345
about 17 years ago
Posts: 1273
Member since: Jun 2009

1. the jumbo loan market has eased recently but you should investigate loan processing and closing
timeframes before committing to a contract terminattion date of november 30th.

2. most contracts contain a mortgage contingency which gives you the right to cancel if you dont obtaon
financing of a contract specified amount at a contract specified rate by a certain date.

3.bank collapse/withdrawl clauses are not standard, altjho you are correct, without your lender you will
be in trouble

4. an alternative to straight cancellation or fighting over your deposit if your bank bellies up is to
use per diem liquidated damages if you close past a certain date, equal either to per diem apartment
maintenance/common charges tx, and poissbly a per diem interest charge.

5. the benefit of using them is that they not only can prevent/avoid default, they effectively preclude
time-of-essence closing demands, which could otherwise require you to close on 15-20 days notice or
forfeit your contract and down payment

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