Contingencies and due diligence

After your offer is accepted, you have a designated period, typically ranging from a few days to a few weeks, to complete your due diligence before signing the Purchase and Sale agreement. During this time, you must address any contingencies and thoroughly investigate the property. Once this due diligence is completed, and you are satisfied with the property’s condition, you will proceed by signing the purchase and sale agreement. This signifies your commitment to the property and allows the process to move forward with the title search, financing, and ultimately, closing.

One of the primary obstacles to getting an offer accepted is often the inspection contingency. While waiving the inspection may seem like a way to strengthen an offer, we strongly advise against it as it can be a very unwise decision. An inspection contingency allows you to thoroughly evaluate the property, understand necessary maintenance, plan for repairs or upgrades, and identify any critical issues that could dissuade you from proceeding with the purchase.

To mitigate the impact of the inspection contingency on your offer, you have a couple of options. One approach is to conduct the inspection before submitting the offer. Alternatively, you can schedule the inspection for immediately after submitting the offer, ideally within hours. This way, if your offer is competitive and potentially accepted, the inspection can be completed swiftly. If you decide not to proceed with the property, this prompt action minimizes any inconvenience to the seller, allowing them to move quickly to the next prospective buyer.

When considering an offer on a condominium, it’s crucial to acknowledge that you might not have all the details upfront. For instance, you may not have seen your designated parking space or know where your storage area is located, or if you even have one. The specifics of any outdoor space, whether exclusive to your unit or shared, might also be unclear.

These details, along with other critical information, can be found in the condominium documents. It’s essential to review these documents thoroughly to identify any pet restrictions, verify the actual condo fee (which may differ from what was initially presented), and understand what the fee includes. Additionally, assessing the financial health of the condo association is vital to ensure there are no unexpected financial obligations or instability that could affect your investment.

In more suburban areas, certain contingencies are particularly important to consider. One such contingency is the inspection of a septic system, known locally as a Title V inspection. Additionally, if the property has a private water supply, conducting a water test is essential to ensure the quality and safety of the water.

Furthermore, if there are any existing tenants or leases in place, it is crucial to review these agreements thoroughly before signing the purchase and sale contract. This due diligence helps you understand the terms and conditions you are inheriting and ensures that there are no unexpected obligations or conflicts.

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