Mortgage Contingency Clause- The Lifebuoy For Buyers in a Contract of Sale

By kalantarovlaw | Real Estate | 0 Comments

What is a Mortgage Contingency Clause in a Contract of Sale and Why is it Important For Buyers?

A mortgage contingency clause in a Contract of Sale allows the buyer to withdraw from the agreement without financial penalty if they are unable to secure a mortgage loan under specified terms and conditions.

A mortgage contingency clause is a crucial component of a real estate purchase contract, particularly for the buyer, as it helps protect them in the event they are unable to secure financing to purchase the home. This clause essentially provides a way for the buyer to back out of the deal without significant financial repercussions if they are unable to obtain a mortgage loan under the terms specified in the contract.

Here are some reasons why a mortgage contingency clause is important when buying a home:

1. Financial Protection: The mortgage contingency clause serves as a safety net for buyers. It allows them to terminate the contract and recover their earnest money deposit if they are unable to secure a mortgage loan within the specified timeframe or if the terms of the loan are significantly different from what was initially agreed upon. This prevents buyers from being locked into a purchase they cannot afford.
2. Market Fluctuations: Real estate markets can be unpredictable, and interest rates can change between the time the contract is signed and the loan is approved. A mortgage contingency clause gives buyers the flexibility to adjust to changing market conditions and interest rates without being forced to proceed with the purchase under unfavorable financial terms.
3. Lender Requirements: Mortgage lenders have strict criteria for approving loans, including factors such as creditworthiness, income verification, and property appraisal. A mortgage contingency clause allows buyers to withdraw from the contract if they are unable to meet these lender requirements, which helps prevent a potential financial disaster.
4. Inspection of the Property: During the loan approval process, the lender may require a property appraisal and inspection. If issues arise during these assessments that affect the property’s value or condition, the buyer can use the mortgage contingency clause to renegotiate the terms or cancel the contract if an agreement cannot be reached.
5. Time to Shop for Loans: The mortgage contingency clause typically includes a specific timeframe, typically 30-45 days to secure a mortgage commitment from the lender. This gives the buyer an opportunity to explore various lenders and loan options to find the best terms and interest rates without feeling rushed into a decision.
6. Negotiation Tool: The presence of a mortgage contingency clause can also be used as a negotiation tool during the offer and counteroffer stages. Sellers may be more willing to work with buyers who have a mortgage contingency in place, as it demonstrates the buyer’s commitment to securing the necessary financing.

In summary, a mortgage contingency clause is a vital protection for homebuyers, ensuring that they have the necessary time and flexibility to secure a mortgage loan under favorable terms. It provides financial security and helps prevent buyers from being trapped in a real estate transaction that may not be feasible for them due to changing market conditions or unforeseen issues.

As a homebuyer, it is important to hire an experienced Real Estate attorney to help you guide through the nuisances of the contract and protect your interests in the Real Estate Transaction. Contact Kalantarov Law, PLLC today.