There is one exception, however. If something is wrong with the current home on the real estate market, a good inspection will find it. Sometimes, the buyer may ask you to fix the issues or reduce the sale price before they walk. In this case, instead of a $50,000 down payment, you would be expected to put down $72,500 to cover the difference. Settlement Contingency. A kick-out clause states that the seller can continue to market the property and accept offers from other buyers. As a real estate term, a contingent sale can sometimes mean that a buyer is unable to purchase a property without selling one they already own due to financing, or it could be based on other contingencies too. It looks like Cookies are disabled in your browser. A home sale contingency can be risky to sellers because there is no guarantee that the home will sell. It is pretty straight forward, especially if it is contractually clear what will occur if the buyer’s existing home sale does not work out. “Never in my life have I seen a home inspection contingency waived,” said Bishoi Nageh, vice president of branch operations for the Petra Cephas Team at Mortgage Network Solutions. They are essentially asking the seller to “gamble” on their ability to sell their current home and the seller will expect to be compensated for this risk. It’s rarely advisable to waive an inspection contingency, and home buyers should generally consider this a must-have clause in a sales contract. A contingent house listing means that an offer on a new home has been made and the seller has accepted it, but before the final sale can advance, some criteria needs to be met. Criteria listed under a sale contingency typically center around completing … But waiving this contingency means that if your mortgage lender delays or denies your loan after a seller accepts your offer, you can lose the deposit during escrow, so it’s a risky venture. This type of contingency is used if the buyer has not yet received and accepted an offer to purchase on their current home. Timing can often throw a wrench into anything we do in life, and that includes buying and selling homes. With a settlement contingency, the buyer’s current home is under contract, but they need to wait until after the closing to proceed with the purchase of the new property. Contingencies protect buyers from carrying two mortgages, and they can go in three ways: If their existing home is not sold by the set period, the seller will put the house back on the market. A home sale contingency is one type of contingency clause frequently included in a real estate sales contract (or an offer to purchase real estate). BUYER REPRESENTATION: Buyer represents that - BUYER’S house is currently listed for sale … What Do All the Real Estate Status Terms Mean? On top of that, Your real estate professional will have to be well versed in the language of the contingency agreement. Appraisal Contingency. Typically a buyer uses this clause to establish a set period of time to apply for a mortgage and/or close on the loan. Get your offer accepted. If the buyer’s house sells by the specified date, the contract moves forward. This means that the buyer must sell their existing home before they are able to purchase a new one. You can learn more about the standards we follow in producing accurate, unbiased content in our. A real estate agent is a licensed professional who represents buyers or sellers in real estate transactions. A restrictive covenant is an agreement that requires the buyer to either perform or abstain from a specific action. A home sale contingency is one type of contingency clause frequently included in a real estate sales contract (or an offer to purchase real estate). Many buyers need the equity in their current home to purchase a new one. A mortgage contingency is a contingency that protects the buyer and seller from getting into a real estate sale without a proper loan. Though contingencies are mainly utilized by buyers, both the buyer and seller have the option to include any contingencies that they would like in the contract. Like an appraisal contingency, eager buyers and sellers in hot real estate markets might want to waive this contingency for the current home for sale, especially if cash is on the table. This is usually done to enable the buyer to achieve financing on the new purchase. A real estate contingency puts a condition on the sale of the property. An inspection contingency (also called a “due diligence contingency”) gives … Ace the Inspection, Read our stress-free guide to getting a mortgage, What's Tarek El Moussa Up To? A contingency is a condition that must be satisfied before a party’s duty to perform his side of the contract arises. Consider this. If there is a contingent house or pending house that you simply can’t miss out on, it doesn’t hurt to write a personal plea to the current homeowners. If the buyer’s house sells by the specified date, the contract moves forward. There are standard offer contingencies in every real estate transaction, like your buyer's ability to inspect the property and to view the title report. If the interested party doesn’t satisfy the condition, the buyer may back out of the sale without losing his or her earnest money. For example, waiving an appraisal contingency means the seller does not have to negotiate the sale price with a buyer if a home is appraised below the offer price. If the buyer can’t get a lender to commit to a loan, the buyer has the right to walk away from the sale with the down payment. A seller might entertain other offers after a refusal, but won’t deal with another buyer until the contingent offer is settled in one way or another. A loan contingency, also known as a mortgage contingency, is a clause in the purchase agreement that allows the buyer to cancel the sale if they are not able to get financing. Even if you have a buyer and your existing home is in escrow, you may want to insert this contingency. House-sale contingency. If an inspection reveals unexpected problems, an inspection contingency allows the buyer to walk away. Contingent sales. A financing contingency is a clause in a home purchase and sale agreement that expresses that your offer is contingent on being able to secure financing for the house. Real Estate Contingency Definition. In real estate, a short sale is when a homeowner in financial distress sells their property for less than the amount due on the mortgage. See pricing and listing details of Hugo real estate for sale. What Is a Contingency Clause When Selling a House? You don’t want to sign a property sale without having the money to back it up. That’s because if the home buying party’s current house doesn’t sell, they don't lose anything; the sellers, however, lose what they considered a “done deal,” in addition to any earnest money they might have received from the buyers. Steps to Buying a House Contingent on Sale of Your Current Home . As an example, in California, the contingency period for inspections and appraisals is typically 17 days. These contingencies are clauses in the sales contract which can include matters that deal with appraisal, home inspection and mortgage approval. Contingent contracts are usually a good deal for a buyer and risky for a seller. Some will also ask what does a contingency mean as well. ©1995-2020 National Association of REALTORS® and Move, Inc. All rights reserved.realtor.com® is the official site of the National Association of REALTORS® and is operated by Move, Inc., a subsidiary of News Corp. Angela Colley writes about real estate and all things renting and moving for realtor.com. A sale and settlement contingency stipulates that the buyer must be able to sell a home before being able to close on the new property. Contingency Definition. Massachusetts Home Sale Contingencies A few of the common questions that real estate agents get is 'What is a home sale contingency' or 'How does a home sale contingency work'. While the seller agrees to a house sale contingency… These criteria, or contingencies, are clauses in a sales contract that typically fall under three major categories: appraisal, home inspection, and mortgage approval. If the buyer’s house sells by a certain date, the sale moves forward⁠—if not, a buyer can walk away. But if it doesn’t, the contract is terminated. Appraisal contingency The appraisal contingency says that a home must be appraised at the sale price or higher for a deal to continue. A title serves as the official record of a home’s ownership. After all of the contingencies outlined in the agreement have been fulfilled, the sale can be finalized. If the buyer does not remove the contingency, the seller can back out of the contract and sell it to the new buyer.. In this case, the seller gives the current buyer a specified amount of time (such as 72 hours) to remove the home sale contingency and continue with the contract. Trying to buy a new home at the same time you're selling your current house can be risky, particularly in a slow real estate market. But, if the requirements of a con… A real estate contingency refers to a condition that has to be fulfilled prior to the sale of a home. Another common sale obstacle? 7 The following is mutually agreed upon by said Buyer and Seller: 8 CONCURRENCY: Both the above property and the Buyer's property at: Regardless of the posted status or what the listing agent says, it’s not always possible to know the dynamics of a home sale. Consider this. Your agent will add a contingency clause to the terms of the home offer. dated , on property known as Home sale contingency– Sometimes, a home buyer who already owns a home will make an offer that is contingent on being able to sell their current home within a set time frame. In a real transaction, the contingency period begins as soon as a seller accepts a potential buyer’s offer. The sale and settlement contingency is a bit harder to swing. Buyers may have to pay more for a property than if they made an offer without a home sale contingency. A home sale contingency gives buyers the time they need to sell and close before committing to a new home. A home sale contingency occurs when a potential buyer writes an offer to purchase a home, but the buyer already owns property that he must sell before closing on a new home. For example, let’s say you have a fixed-rate loan that covers 90% and you need to put 10% down for a home selling for $500,000. "If the home comes in under the [asking] amount, you have the right to back out.". The first is a sale and settlement contingency. A new buyer cannot “kick out” the current buyer from the contract. A home sale contingency is one type of clause frequently included in a real estate sales contract or an offer to purchase real estate. Then there’s the appraisal. This means that the Buyer of your first home agrees that a contingency of the sale of your home is finding, and possibly closing, on replacement property. HOUSE SALE CONCURRENCY ADDENDUM 1 This is an Addendum to the Residential Purchase Agreement dated: 2 for the purchase and sale of the property know as: 3 (Street Address) 4 (City) , Ohio, (Zip Code) 5 between (Buyer) 6 and (Seller). Timing in real estate transactions is often imperfect, and a buyer may have his current home … It also means that the Seller of your next home agrees that a contingency of the purchase is the sale of your existing home. Don't Neglect These 6 Maintenance Tasks—or Else, Debunked! With a home sale contingency in place, the transaction is contingent on the sale of the buyer’s home. This … A home inspection contingency. These include white papers, government data, original reporting, and interviews with industry experts. Here, we take a look at what buyers and sellers need to know about home sale contingencies. In many cases, it is advisable to limit the amount of time the buyer has to sell a home to one to four weeks. In general, this type of contingency allows a seller to continue to market the home to other potential buyers, with the stipulation that the buyer will be given the opportunity to remove the sale and settlement contingency within a specified period (typically 24-48 hours) if the seller receives another offer. Massachusetts Home Sale Contingencies A few of the common questions that real estate agents get is 'What is a home sale contingency' or 'How does a home sale contingency work'. 3. Home sale contingencies protect buyers who want to sell one home before purchasing another. Helping Sellers Get the Best Deal in a Timely Manner. Sale and Settlement Contingency. Under this contingency, the buyer has a specified period of time to obtain a loan that will cover the mortgage after the offer is accepted. New Jersey Realtors® Addendum Regarding Buyer’s Property Sale Contingency 8/16 Page 1 of 2 NEW JERSEY REALTORS® ADDENDUM REGARDING BUYER’S PROPERTY SALE CONTINGENCY ©2016 NEW JERSEY REALTORS®, INC. A home inspection is an examination of the condition and safety of a real estate property. Click Follow Search to get alerts on new listings. Therefore, if you accept the buyer’s offer on May 1, the contingency removal date would be May 17. House Sale Contingency. A qualified real estate professional or real estate attorney should be consulted with any questions or concerns regarding real estate contracts and home sale contingency clauses. A conditional offer is an agreement between a buyer and a seller that an offer will be made if a certain condition is met. Homebuyers who decide to buy before selling often write contingent contracts to purchase. Buyers must still spend money on home inspections, bank fees, and appraisal fees. If the appraised value is lower than the sale price, the buyer may need to secure additional funding. Sometimes the buyer is only able to close if he can get funds from the sale of his current home, which is usually under contract at the time he enters into the deal for the new home. Nageh recalled an instance of a first-time buyer who asked the seller to fix up some windows, then found that mold had been growing under the framework. This may sound like a ‘no-brainer’ but remember, not every seller is going to be interested in taking a contingent offer. Because contracts are legally binding, it is important to review and understand the terms of a home sale contingency. If the seller has had trouble finding a buyer, a contract with a contingency is still a contract and there is a chance that the property will sell. Common contingencies in real estate include an appraisal contingency, inspection contingency, sale contingency or a funding contingency. How a home sale contingency works is something that all real estate buyers and sellers should be educated on. Because the property isn’t truly sold until the closing takes place, this protects the buyer if the sale falls through for any reason. If the buyer’s home closes by the specified date, the contract remains valid. “What Is a Contingency Clause When Selling a House?” Accessed May 19, 2020.Â, Realtor.com “What Is a Kick-Out Clause? Most buyers need to sell their existing home to purchase a new one, especially when "trading up" to a more expensive house. A home inspection contingency could well be the most important one for home buyers. Exploring the Most Common Conditional Offers in Real Estate, How a Real Estate Agent Differs From a Real Estate Broker, Contingencies: How They Work and Why They're a Buyer's Friend. HOUSE SALE CONTINGENCY ADDENDUM This is an Addendum to the Purchase AGREEMENT dated (Acceptance) for the purchase and sale of the property known as (Street Address) (City) (State) (Zip) between (Buyer) and (Seller) The following is hereby mutually agreed upon by said BUYER and the SELLER. If the home does not close, the contract can be terminated.. This contingency gives buyers the right to have their new home professionally inspected after putting down earnest money. And finalizing the real estate transaction usually hinges on this contingency. So You Wanna Buy a House? The $64,000 dollar question is, "should you?" Even if the contract allows the seller to continue to market the property and accept offers, the house may be listed “under contract,” making it less attractive to other potential buyers. The mainstay of any real estate contract is the appraisal contingency. Inspection contingency Appraisal Contingency. Top Picks In Shopping In a situation with a buyer’s sale contingency, insist on a so-called “kick-out” clause. Home sale contingency means a buyer’s purchase of your house is contingent on their own house selling. If the buyer cannot remove the contingency, the contract is terminated, the seller can accept the other offer, and an earnest money deposit is returned to the buyer., A settlement contingency, on the other hand, is used if the buyer has already marketed their property, has a contract in hand, and a closing date on the calendar. Contingencies involving the sale of a home Still another common contingency is a transaction which is dependent upon the sale of the purchasers’ current home. In the event SELLER accepts a secondary offer, SELLER agree to promptly notify BUYER … This is how a contingency works during a home sale. Before agreeing to a home sale contingency, the seller (or the seller’s real estate agent) should investigate the potential buyer’s current home to determine: A home sale contingency, however, might be a good thing if the seller’s property has been on the market for a while. Waiving this contingency in the purchase contract can be a gamble. This contingency means that if the sale of a buyer’s current home falls through, so will the sale of the home the buyer wants to purchase. When you start looking at homes to buy, you will come across properties in different statuses – like contingent and … So he makes the new deal contingent upon successful completion of his old place. HOUSE SALE CONTINGENCY ADDENDUM This is an Addendum to the Purchase AGREEMENT dated (Acceptance) for the purchase and sale of the property known as (Street Address) (City) (State) (Zip) between (Buyer) and (Seller) The following is hereby mutually agreed upon by said BUYER and the SELLER. Buyers can avoid owning two homes and holding two mortgages at one time while waiting for their own home to sell. The exact details of any contingency must be specified in the real estate sales contract. The home sale contingency, though, is the one that often causes the most problems for sellers. These expenses are not refunded if the deal falls through due to the property not selling on time.. This contingency waiver is a provision in a contract requiring the buyer in writing to “cancel” a specified condition such as a loan financing commitment for the property’s purchase, for the sale to go forward. There are two types of home sale contingencies: As the name implies, a sale and settlement contingency is dependent upon the buyer selling their home. With a home sale contingency in place, the transaction is contingent on the sale of the buyer’s home. The loan contingency period is the time frame a buyer has to make sure they’re fully approved for the loan. The Risks of Not Having a House Sale Contingency. In the event that the appraised value proves to be less than the sale price, the appraisal contingency lets you back out of the deal. We also reference original research from other reputable publishers where appropriate. Contingencies explained. To make sellers more inclined to accept a sale … Often, a buyer will make an offer to purchase a house contingent upon the sale … What is a contingent offer? “It’s in no one’s best interest to overpay," Nageh said. However, once they've been agreed upon by both parties, they must be properly satisfied in order for the transaction to continue moving forward. This Addendum is attached to and made a part of the New Jersey Realtors® Standard Form of Real Estate Sales A Contingency is nothing more than: A condition a buyer makes, like an inspection or financial contingency, that gives the buyer recourse to rescind (or otherwise get out of the purchase and sale agreement) in the event that condition is not met or satisfied. This site is protected by reCAPTCHA and the, Sorry, we were unable to share this article. A pocket listing is a real estate listing that is retained by a listing broker or salesperson and not distributed or shared among any of their peers. An appraisal will make sure you know the fair market value of the house before the sale closes. What a contingent home sale means, and how it works When you buy a house contingent on selling yours, it means that you buy the house only in the case that your current home sells. It includes who’s owned the … Many people looking for homes will steer clear of a property that is under contract because they don’t want to waste time and risk falling in love with a property they may never have the chance to buy.. Since real estate contracts are legally binding it is important that buyers and sellers review and completely understand the terms of a house sale contingency. For the best experience, please enable cookies when using our site. The buyer might say, “I’ll … These contingencies are clauses in the sales contract which can include matters that deal with appraisal, home inspection and mortgage approval. Typical terms in a purchase contract include an active contingency waiver. In other words, the deal will only go through if and when the buyer’s home sale closes, putting your home sale in limbo. 7 SoCal Properties Recently Sold by the HGTV Star, 10 COVID-19 Christmas Tree Ornaments To Top Off This Ridiculous Year, QB Drew Brees Looks to Unload His Amazing Kauai Condo, Have You Served? 8 Myths About Renting You Should Stop Believing Immediately, 6 Ways Home Buyers Mess Up Getting a Mortgage, 6 Reasons You Should Never Buy or Sell a Home Without an Agent, Difference Between Agent, Broker & REALTOR, Real Estate Agents Reveal the Toughest Home Buyers They’ve Ever Met, The 5 Maintenance Skills All Homeowners Should Know, Click for complete coronavirus coverage from realtor.com. Buying a home with a sale contingency means you are purchasing a new home, but you need to sell your existing home in order to complete the deal.This is usually for financial reasons (down payment funds, new loan requirements, etc) . Home sale contingency. For example, if you are making a 20 percent down payment on a $500,000 home, your lender has agreed to loan you 80 percent of the home’s value, or $400,000. A contingent offer means that an offer on a new home has been made and the seller has accepted it, but that the final sale is contingent upon certain criteria that have to be met. The Home Sale Contingency Catch If you are selling your home right now, like many other homeowners across the country, you may be tempted to accept a contingent offer. Step 1. The sale won’t occur until you or another party satisfies the necessary conditions. If something is wrong, a contingent offer allows the buyer to request that it be fixed and to renegotiate the price—or back out of the sale. The $64,000 dollar question is, "should you?" The closing: Before accepting an offer without an appraisal contingency, the sellers should find out if the buyer is willing and able to increase the down payment. The specific details of any contingency, especially a house sale contingency need to be specified in the Agreement of Purchase and Sale documents. By using Investopedia, you accept our, Investopedia requires writers to use primary sources to support their work. You have had your house on the market for weeks, maybe even months. With a home sale contingency in place as part of the sales contract, the transaction is contingent upon the successful sale and settlement of the buyer’s current home. Sale of Another Home Contingency . Difference Between Contingent and Pending Status One of the questions I often field as a real estate agent from both buyers and sellers is the difference between a pending home sale and a contingent home sale. Zillow. Lower than Expected Appraisal. Sale and settlement contingency. A home sale contingency can also make for a seamless transaction: the buyer can sell one home and move into the next since the new home is already “locked in.”, Even though a home sale contingency helps bring peace of mind to the buyer, it doesn't avoid other costs of home buying. Get quick and easy access to your home value, neighborhood activity and financial possibilites. What is a contingent offer? In most cases, a settlement contingency prohibits the seller from accepting other offers for a specified period. In such cases, a house sale contingency is a real estate contingency clause that can help protect the buyer. In hot markets, eager buyers might feel pressured to waive a contingency, but they could end up paying more. 5 Reasons You’ll Want a Veteran-Friendly Real Estate Agent, Bundle Up! Are you thinking about selling your home? What is a contingent offer in real estate? Many homebuyers currently live in a property they own, and need to sell it in order to afford their new house. The seller cannot continue to market the property for sale. If you're pre-approved, you won’t be wasting the seller’s time or yours during the loan-hunting period, which could take a couple of months. It will also explain the most common ways contingencies are used in real estate sales. Title. With this real estate contingency, a third party hired by the mortgage lender evaluates the fair-market value of the current home for sale. The following terms and conditions are incorporated in and made a part of the real estate purchase contract . If the property is appraised at $475,000, the lender is only going to cover 90 percent of that appraised value, or $427,500. Inspection Contingency. A real estate contingency puts a condition on the sale of the property. What Is a Kick-Out Clause? Many homeowners opt for a sale and settlement contingency, but if that doesn’t seem like the right fit for you and your family, there are several options to help you navigate the situation. In many cases, home buyers will often be trying to sell their current home while shopping for a new one. You have had your house on the market for weeks, maybe even months. Such contingencies are mainly put in place so that buyers can back out of a real estate sale if something goes wrong, usually without losing their earnest money deposit. Active Contingency Provision. Trying to buy a new home at the same time you're selling your current house can be risky, particularly in a slow real estate market. “The Costs of Buying a Home.” Accessed May 19, 2020.Â, Rocket HQ. Appraisal contingency – When a home buyer is applying for a mortgage, the mortgage lender may hire a professional third-party appraiser to assess the fair market value of the home, in order to ensure that their investment makes sense. The Home Sale Contingency Catch If you are selling your home right now, like many other homeowners across the country, you may be tempted to accept a contingent offer. A contingent sale can be tricky, but they’re manageable if handled well. Home Buyers Reveal: 'What I Wish I Had Known Before Buying My First Home', Selling Your Home? This puts pressure on the buyer to lower the asking price and make a sale while preventing the seller from losing too much time in the event that the transaction does not close., A seller can include a “kick-out clause” to provide a measure of protection against a home sale contingency. The appraisal contingency and the financing contingency are interconnected because your lender will base your loan amount on the appraisal value, or the ratified price, whichever is lower. If the buyer’s home sells by the specified date, the contract moves forward. If you get an offer that's contingent on the sale of your buyer's home, you'll most likely want to pass. A contingent house listing means that an offer on a new home has been made and the seller has accepted it, but before the final sale can advance, some criteria needs to be met. Home sale contingencies are clauses in a real estate sales contract that protect buyers who want to sell one home before purchasing another. “Contingencies: How They Work and Why They're a Buyer's Friend.” Accessed May 19, 2020.Â, Trulia. During the contingency period, SELLER may continue to market the property for sale and accept a secondary offer contingent upon release of the purchase AGREEMENT. The contingency is that the buyer's home must sell before the buyer is obligated to complete the purchase transaction on the new property. A sale contingency is a clause in a home purchase offer contract that makes the closing of the new home sale contingent on the sale of the buyer’s existing home. Contingent means the seller of the home has accepted an offer—one that comes with contingencies, or a condition that must be met for the sale to go through. The kick-out clause is a contingency added by sellers to provide a measure of protection against a house sale contingency. To expedite the process, “Know if you qualify sooner than later,” Nageh said. If the appraised value is less than the sale price, an appraisal contingency allows the buyer to back out of the contract or negotiate a lower price with the seller. Once you know the problems, you can talk with the sellers about what they need to fix before you buy the home. The question is, do you sell your home first to free up the cash or should you buy with a sale contingency? However, the lender will only put up a certain amount of money for the appraised cost—which may not be the asking price—and the buyer will have to cover the rest. But if a house is described as "pending," it means that no contingency exists or that all contingencies have been met, and a sale is pending. How a home sale contingency works is something that all real estate buyers and sellers should be educated on. BUYER REPRESENTATION: Buyer represents that - BUYER’S house is currently listed for sale … It requires a property review to show … Sale of your current home: If you already own a home and need the proceeds from selling it in order to close on your new home, you can make your offer contingent on the sale. Property Sale Contingency Addendum (This is a legally binding contract; read it carefully) RASE Property Sale Contingency Addendum Revised 1/28/2019 . Home sale contingencies can be risky to sellers because there is no guarantee that the house will sell. A home sale contingency is one type of clause frequently included in a real estate sales contract or an offer to purchase real estate. Consult a qualified professional before signing on the dotted line. A contingency sale requires agreement by your home’s buyer to meet several criteria designed by you, the seller, to synchronize the closing of your former and future residences. A sale and settlement contingency stipulates that the buyer must be able to sell a home before being able to close on the new property. The sale won’t occur until you or another party satisfies the necessary conditions. With a home sale contingency … Helping Sellers Get the Best Deal in a Timely Manner.” Accessed May 19, 2020.Â, Investopedia uses cookies to provide you with a great user experience. This post will define what a real estate contingency is and how it works. The buyer can ask the seller to take the home off of the market for a specific period so that the buyer can sell their current home. In real estate, a "contingency" refers to a condition of the Agreement of Sale that needs to occur in order for the transaction to keep moving forward. Her work has appeared in outlets including TheStreet, MSN, and Yahoo. Here’s How To Win. This contingency favors the buyer. If an appraisal reveals that the home is worth less than the offer, the buyer can request a lower price or opt out. A contingent offer means that an offer on a new home has been made and the seller has accepted it, but that the final sale is contingent upon certain criteria that have to be met. By definition, a contingency is something that is liable to happen if and only if other conditions are met first. Home sale contingency. The Risks of Not Having a House Sale Contingency. First, let’s start with a definition. This contingency is more common, and more likely to be accepted by the seller. In real estate, contingencies are conditions written into the purchase agreement. If the interested party doesn’t satisfy the condition, the buyer may back out of the sale without losing his or her earnest money. View 188 homes for sale in Hugo, MN at a median listing price of $382,020. Under the settlement contingency, there is no kick-out clause. A settlement contingency is for a buyer who’s selling their home, but a little further along in the process. Sale of a prior home contingency – This clause protects buyers who need the cash proceeds from the sale of their existing home to be able to afford a new home. Winter’s Home-Buying Game Has Changed. Those contingencies are normal, but there's one contingency all sellers should be wary of. According to the Zillow Group Consumer Housing Trends Report, 64% of buyers in 2017 were repeat buyers, likely juggling both a home sale and purchase.