Contract Contingencies That Can Make or Break Your Real Estate Deal in South Carolina
Understanding Real Estate Contract Contingencies in South Carolina
Real estate transactions in South Carolina can be complex, especially when it comes to the fine print of a purchase contract. One of the most critical sections involves contract contingencies—conditions that must be met before a deal can close. Whether you're buying or selling a home in Greenville, overlooking or misunderstanding these clauses can jeopardize the entire transaction.
At E. Scott Sanders LLC, we help clients in Greenville navigate these issues with clarity and confidence.
Common Real Estate Contract Contingencies
1. Financing Contingency
This clause protects the buyer if they're unable to obtain a mortgage. Without it, a buyer could lose their earnest money deposit if their financing falls through after signing the contract.
2. Inspection Contingency
This allows the buyer to conduct a home inspection and request repairs or cancel the deal based on the findings. Structural damage, mold, or outdated wiring can all be deal-breakers.
3. Appraisal Contingency
If the home is appraised for less than the purchase price, the buyer can renegotiate or exit the deal without penalty. Lenders will not typically finance more than a property’s appraised value.
4. Title Contingency
This gives buyers the right to review the property’s title and back out if there are liens, unpaid taxes, or ownership disputes.
5. Home Sale Contingency
Buyers who need to sell their current home before buying a new one can include this clause. Sellers may view this as risky, so it often comes with a deadline.
Why These Contingencies Matter
Each contingency functions as a legal “safety valve” for both parties. For buyers, it provides an exit strategy if unexpected problems arise. For sellers, clearly defined timelines and conditions can prevent costly delays and reduce liability.
Failing to address these contingencies correctly can result in lost deposits, legal disputes, or even lawsuits.
How an Attorney Can Help
A South Carolina real estate attorney can review or draft your purchase agreement, ensuring that the contingencies are fair, enforceable, and aligned with your interests. At E. Scott Sanders LLC, we work with Greenville buyers and sellers to protect their rights at every step of the transaction.