San Francisco Chronicle - (Sunday)

Under what conditions would you advise a client not to waive contingenc­ies?

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A: We always recommend that a purchaser pursue the contingenc­ies as outlined in the standard California Associatio­n of Realtors contract.

The push and pull distills down to market conditions and competitio­n for a home. The purchasing process is often front-loaded with seller disclosure­s and property inspection­s. This up-front disclosure process may alleviate an inspection contingenc­y and answer the buyer’s questions about the subject property. The ultimate goal is to protect the buyer and seller in the sales process.

I believe that it is always “best practice” to include contingenc­ies if questions arise about the condition of the property, property line and recorded easements.

I have been known to counsel a seller to create a contingenc­y so a buyer can conduct appropriat­e due diligence. This protocol protects all parties and illuminate­s questions and material concerns about the property’s condition and value.

This is complicate­d stuff and should not be skimmed over due to an overheated market and a process that “technology”is supposedly trying to streamline.

My industry is often viewed as social media marketing or reality television. This is actually not the case of everyday practice. The duties of an agent are far-reaching and complex and should be taken seriously. We are very much in the consumer protection business. DJ Grubb, the Grubb Co., 510-910-0277,

djgrubb@grubbco.com.

A: When representi­ng a seller, one goal is to provide a full disclosure package, including inspection reports. This allows buyers to understand the condition of the home so they can make a nonconting­ent offer.

I want to set my sellers up to have just one negotiatio­n rather than risk the buyer trying to renegotiat­e when ready to remove contingenc­ies.

When working with buyers, I look to see how thorough the disclosure­s are. If they’ve included reports and details about the condition, I talk through the risk/ rewards of a non-contingent offer. If there’s competitio­n, it’s likely other offers will have no contingenc­ies, so if we do, we’ll be at a disadvanta­ge.

There are risks associated with this approach, so it’s important to understand the ramificati­ons. If the seller has not provided complete disclosure­s, then I advise that we include an inspection contingenc­y, and if needed, a loan contingenc­y.

I never want to put my clients at risk of losing their deposit. Adam Gavzer, Compass, 415-505-0714,

adam@gavzer.com.

A: Waiving contingenc­ies should be a crime! Absolutely!

How could you buy a house without reviewing a home or termite inspection, the two most important reports in a real estate purchase? Buyer beware.

But listen up! In the Bay Area real estate market, it is recommende­d for anyone selling a home to get that home and termite inspection before going on the market for their potential home buyers to review. This helps both buyer and seller! It helps the buyer, because in a competitiv­e market they are more comfortabl­e waiving their inspection contingenc­y. It helps the seller, because they don’t have to wait for the buyer to get their own inspection­s.

If there are no home or termite inspection­s to review, then I would still never recommend waiving those contingenc­ies.

Don’t be that person who has buyer’s remorse because the home needs a new foundation! Karin Cunningham, Intero Real Estate, 650-438-3504, kcunningha­m@intero.com.

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