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What are Contingencies?

Contingencies in Transactions

Contingencies are conditional clauses in a transaction or agreement, specifying prerequisites that must be satisfied before final obligations take effect. They ensure parties can back out or renegotiate if significant events (financing approval, inspection results, etc.) do not proceed as expected. By outlining these potential deal-breakers early, participants lower exposure to unfavorable surprises.

Key Points

  • Common Examples: Loan approval requirements, acceptable inspection outcomes, or regulatory permits.
  • Time-Bound: Often must be resolved within a set window, else the contract may dissolve.
  • Buyer Protection: Allows exit if concerns appear or solutions aren’t feasible.
  • Seller Considerations: May refine offers or accept higher flexibility to attract more suitors.

Contingencies keep negotiations balanced, granting either side an escape route if critical elements fail to materialize, while preserving momentum when everything aligns.

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