05
Dec
By Fred Gruber
Home Buyer Tips

The Role of the Appraisal Contingency in Real Estate Contracts

When you’re buying a home, one important component of the real estate contract is the appraisal contingency. This clause protects the buyer in case the property’s appraisal comes in lower than the agreed-upon sale price. While it’s a common part of many real estate transactions, it’s often not fully understood. Here’s why it’s so important and how it can impact your purchase.

What is an Appraisal Contingency?

An appraisal contingency is a condition in the purchase agreement that allows the buyer to back out or renegotiate the deal if the property appraises for less than the offer price. Lenders require an appraisal to determine the market value of the home before approving a loan. If the appraisal comes in lower than expected, the buyer may be required to pay the difference in cash or negotiate a lower price with the seller.

Why is it Important?

The appraisal contingency serves as a safety net for buyers. If the home’s value comes in lower than expected, it ensures the buyer is not overpaying for the property. Without this contingency, the buyer would be responsible for paying the difference between the appraisal value and the agreed price out of pocket, which could be a significant financial burden. It also allows room for negotiations between the buyer and seller.

What Happens if the Appraisal Falls Short?

If the appraisal falls short of the agreed purchase price, several things can happen:

  1. Renegotiation of the Price: The buyer and seller can agree to lower the purchase price to match the appraisal value. This is the most common solution, especially if the buyer is unwilling or unable to pay the difference between the appraisal and the contract price.
  2. Buyer Pays the Difference: If the buyer still wants to purchase the home at the original price, they may decide to pay the difference in cash. This can happen if the buyer is confident that the home’s long-term value will increase or if they have the financial ability to cover the difference.
  3. Termination of the Contract: If the parties cannot reach an agreement and the buyer’s offer is contingent upon the appraisal value, the buyer may back out of the deal with their earnest money deposit returned.

When to Use an Appraisal Contingency

In a competitive market, buyers may sometimes decide to waive the appraisal contingency to make their offer more appealing to sellers. However, this is risky. Without the appraisal contingency, the buyer risks paying more than the home is worth, which could lead to financial difficulties down the road.

An experienced real estate agent and mortgage originator can help buyers understand the risks and benefits of an appraisal contingency, and guide them on how to use it to protect their investment.

The appraisal contingency is a valuable tool for homebuyers to ensure they don’t overpay for a property. Whether the appraisal comes in low or high, this clause provides buyers with options for renegotiation, or even the ability to walk away from the deal. Understanding the role of the appraisal contingency and how it fits into your overall home-buying strategy is crucial for making a sound investment.

06
Nov
By Fred Gruber
Mortgage Tips

Understanding an Appraisal Contingency in Your Home Purchase

When buying a home, you have the option to include contingencies in your purchase contract. These protect you by setting certain conditions that must be met for the contract to remain valid. If any contingency isn’t satisfied, you can back out of the sale without penalty. Three main types of contingencies help protect buyers: appraisal, financing, and home inspection contingencies. Here’s how each can impact your home buying experience.

The Appraisal Contingency

An appraisal contingency allows you to step back from the sale if the property appraises for less than the agreed purchase price. Since lenders typically only loan up to the appraised value of the home, this contingency is essential to avoid overpaying. If the home appraisal is lower than expected, you can either renegotiate the price with the seller, make up the difference with a larger down payment, or back out of the sale without losing your deposit.

In competitive markets, leaving out this contingency can make you a more attractive buyer, but it’s a trade-off that could leave you paying above market value.

The Financing Contingency

If you’re relying on a mortgage, a financing contingency protects you if you’re unable to secure full loan approval. While pre-approval offers an estimate of what you can afford, the official loan approval depends on final underwriting. With this contingency in place, if your loan falls through, you can back out of the deal and recover your deposit.

The Home Inspection Contingency

This contingency gives you peace of mind by allowing you to have the home inspected for structural issues, hidden damage, or safety concerns. If any serious issues arise, you can negotiate repairs with the seller or even back out of the purchase. A professional home inspector can spot things the average buyer may miss, so this contingency is highly recommended for most homebuyers.

What Happens If the Appraisal is Too Low?

If the property’s appraised value is below the agreed price, you have three main options:

  1. Increase your down payment to cover the difference.
  2. Negotiate a lower purchase price with the seller.
  3. Use the appraisal contingency to walk away from the deal and get your deposit back.

An appraisal contingency can give you leverage in price negotiations, especially if the seller wants to avoid losing the sale. However, in a competitive market, waiving this contingency can make your offer more appealing, as it signals to the seller your commitment to the purchase regardless of appraisal.

Each contingency serves as a financial safeguard, providing flexibility and protection at different stages of the buying process. Including these contingencies in your offer ensures you’re not cornered into a deal that could end up costing you more than anticipated.