Do you know what a "Contingency
Sale" is?
How about a "First Right of Refusal"?
Or a "Bridge Loan"?
What's a "Double Move"?
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A Contingency Sale
is the way things used to be done. This sale
was when the "Seller" of a property
would take his home off the market for an
agreed upon period of time in order to give
the "Purchaser" an opportunity to
sell the "Purchaser's" existing
property. Many times the "Purchasers"
and "Sellers" would agree on a period
of 15 to 30 days to market the "Purchaser's"
home. Often the "Purchaser" of the
"Sellers" house was unable to sell
the contingent home. When this occurred, the
"Seller" would put his house back
on the market. The down side is that the "Seller"
lost a significant period of time he could
have marketed his home to other potential
buyers.
A First Right of Refusal
was invented in order to allow the "Seller"
to keep his home on the market during the
period of time the "Purchaser" is
trying to sell his present home.
The First Right of Refusal
is a tool that allows a buyer to enter into
a contract to purchase his new home contingent
on him selling his present home.
The advantage of the first right of refusal
addendum for the buyer is that it allows him
to come to terms with the seller of the home
he is trying to buy. It gives him the opportunity
to put his present house on the market and
sell it.
While the purchaser puts his home on the market
for sale, the seller continues to keep his
home on the market.
Another advantage to the buyer is that when
a home has a first right of refusal on it,
the listing agent must tell all other agents
who want to show it that there is a "first
right" on the property. Often potential
purchasers pass on the opportunity to see
the house because they are not certain that
after they negotiate with the seller that
they will ultimately end up with the home.
The reason this could happen is that the first
purchaser who holds the first right of refusal
has the option to remove the contingency of
the sale of his present home and to present
the seller a loan approval that is not contingent
on the purchaser having to sell his present
home in order to close on his new home. Usually
in this agreement, the buyer is given a 24
or 48 hour period of time to remove this contingency
and to provide the non-contingent loan approval
to the seller. The down side to the buyer
is that he can lose his new home because someone
else was able to give the seller a contract
that did not include the necessity of selling
a home.
The advantage of the first right of refusal
to the seller is that they can have their
cake and eat it too. The seller is able to
keep his home on the market to attract another
buyer. If another buyer signs a contract,
and they don't have a home to sell, they can
very likely buy the house because more than
likely the first buyer will not be able to
remove the contingency of selling their home.
Based on the first buyer not being able to
perform based on the first right of refusal
contingency, the seller will be able to void
the contract with the previous buyer and proceed
with the second buyer.