For Sellers, it would be great to receive an all cash offer, with no contingencies. With times as they are however, and with higher than average prices in Marin, all cash offers are not common unless a Seller has a really low-end distressed property with a low sale price. In many cases, Buyers may need to sell their home first in order to buy a new home, so it begs the question: Should Sellers accept a Contingent-Sale offer from prospective Buyers?
Until a transaction is closed, there is always risk involved. Buyers have been known to make the mistake of making another big purchase, like of a new car, just before closing on a home, which could put their loan-to-value capability at risk, and the loan could fall through. Even an all cash offer coming from overseas has a chance of never showing up.
An offer made contingent on the sale of another property is also risky as the Buyers may never sell their home; if the Sellers have taken their home off the market, the result is a waste of valuable time in possibly selling to someone else. For this reason, not many Sellers will risk it.
That said, Sellers shouldn’t ignore an offer contingent on the sale of the Buyers’ house without first exploring the possibilities, as some sales are not as risky as others. (Plus, Sellers might have the opportunity to get a higher price for their home, especially in this economy, as the Buyers will really need to give something close to the asking price, which isn’t always the case these days.) The first thing Sellers need to do is check to see if there is a valid listing agreement on the Buyers’ current property, then Sellers should call the Buyers’ listing agent to see if they can really get a sale in 30 days.
Other factors to consider are the condition and location of the Buyers’ property. Is it in pristine condition and in a great neighborhood that others find desirable? If it’s likely to sell quickly, Sellers may want to go with the contingent offer, especially if their home has been on the market for a while and they are heading into the dead of the Holiday season and winter, when property sales really slow down dramatically.
In addition, Sellers should ask their agent to talk to the Buyers’ listing agent to see if there are any foreseen problems with the Buyers’ property when releasing the contingencies to close the sale. The contract with the contingent Buyers should include a clause that requires them to notify the Sellers in writing if their deal is cancelled for any reason, and should also include an option for the Sellers to cancel the contract if they get another offer. If the Buyers have a back up offer, the Sellers may want to continue the sale.
Sellers may also want to put a provision for approving the list price of the Buyers’ house. Furthermore, Sellers may want to accept a contingent sale offer that includes a protection clause permitting the Sellers to continue to market their home for a back up offer. A release clause or kick-out clause should also be in the contract. The release clause allows the Sellers to notify the Buyers that they have a certain time period, such as 72 hours, to perform and remove their contingent-sale stipulation or withdraw.
If you would like to know more about how to proceed with or consider a contingent-sale offer, let me know, and I’ll be happy to answer any of your questions. Contact me: 415-755-8919;
Posted by:
Rick Smith
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