San Francisco Chronicle - (Sunday)
Under what conditions would you advise a client not to waive contingencies?
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.