Linda Goodspeed for The Patriot Ledger, February 24th, 2012
Question: we went to an open house recently and fell in love with the place. We really want to move out of the house we are in. It does not work for us, and we cannot wait to sell it.
Should we go ahead and put an offer on the new home even though we haven’t sold our current one? We don’t want to lose the new one.
Answer: your question reminds me of the proverbial chicken and egg question, and which came first. Which comes first? Buying a new home or selling the old one?
If you buy the new home before selling the old one, you may get stuck with two homes and two mortgages. I have a friend in that situation, and it’s not pretty. They are starting to dip into their retirement accounts to make ends meet.
But if you wait to sell the old home before buying a new one, you may lose your dream home or be forced to choose a home you are not too keen on. My aunt and uncle did that. They bought a new home in a hurry. I think they regret their choice, the price they paid, location, the layout, everything.
An increasingly popular solution is making an offer on a new home contingent on the sale of the old one. A contingent sale offer gives the buyer a set period of days — these are not open-ended — to list the current home and get a contract on it. The period is usually 30 or 60 days.
During the contingency period, the seller is able to continue showing the home. If a new buyer steps forward, the contingent offer usually has a “kick out” clause giving the original buyer a day or other specified time period to step up and purchase the home even if he has not sold the old one. If he cannot, the contingency agreement expires and the seller is free to accept the second offer.
Contingency sale offers, however, add an element of uncertainty to the deal, and some sellers will not accept them. Even though the seller can continue showing the home, the contingent offer is noted in listings, causing many potential buyers to bypass the home.
A contingency offer can also create a precarious chain of events because of the multiple parties involved in making it work. If one person in the chain fails to get financing, a satisfactory home inspection, sell their home, etc., multiple contracts can topple and the whole house of cards comes tumbling down.
In a slower market like we have now, a seller may be more open to accepting a contingency sale offer, especially if the seller knows you are a motivated buyer who is ready to price your own home aggressively.
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