8 Essential Conditions Every Real Estate Contract Should Include

By Michael Thornton

April 28, 2025 at 06:21 PM

Real estate contracts are legally binding agreements that outline the terms of property transactions. These contracts include conditions (contingencies) that must be met before the sale becomes final. Here's what you need to know about real estate contract conditions:

What Are Real Estate Contract Conditions?

Contract conditions are specific requirements that must be satisfied for the transaction to proceed. These conditions protect both buyers and sellers by establishing clear terms and exit options if requirements aren't met.

8 Essential Real Estate Contract Conditions:

  1. Financing Contingency
  • Allows buyers to back out if they can't secure mortgage financing
  • Protects buyer's deposit if loan falls through
  • Must be fulfilled by specified deadline
  1. Inspection Contingency
  • Requires professional property inspection
  • Gives buyers right to cancel or negotiate if issues found
  • Common in most residential transactions
  1. Repair/Improvement Conditions
  • Specifies required repairs or improvements
  • Can include cost allocation between parties
  • Must detail completion timeline
  1. Sale of Current Home
  • Makes purchase dependent on buyer selling their existing home
  • Includes reasonable timeframe for completion
  • Requires good faith effort from buyer
  1. Title Condition
  • Ensures property title is clear of legal issues
  • Protects against liens and ownership disputes
  • Usually quick verification process
  1. Short Sale Approval
  • Required for properties selling below mortgage balance
  • Contingent on lender approval
  • Protects buyer's deposit if not approved
  1. Subject-To-Survey Condition
  • Requires professional property survey
  • Identifies boundaries and rights of way
  • Reveals potential property issues
  1. Association Approval
  • Required for properties in HOAs
  • Ensures compliance with association rules
  • Common for condos and planned communities

What Happens If Conditions Aren't Met?

  • Contract can be voided without penalty
  • Buyer's deposit is typically returned
  • Parties can negotiate new terms
  • Contract becomes binding only when conditions are satisfied or waived

Legal Considerations

  • Consult with real estate lawyer before signing
  • Ensure conditions have reasonable timeframes
  • Review all terms carefully
  • Understand local real estate laws
  • Get professional guidance for complex transactions

The success of a real estate transaction depends heavily on properly structured conditions. Always ensure your interests are protected by including appropriate contingencies and consulting with legal professionals when needed.

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