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/Glossary/What is a Financing Contingency?

What is a Financing Contingency?

A Financing Contingency is a protective clause ensuring that if a prospective purchaser fails to secure funding within a specified timeframe, they can withdraw from the deal without major penalties. This condition shields them from penalties if lenders deny approvals or if loan terms prove unfavorable. It equally saves owners from extended limbo, as the contract typically terminates, allowing them to seek other prospects.

Key Points

  • Loan Approval Window: Must finalize within set days/weeks, or the arrangement lapses.
  • Earnest Deposits: May be returned if obligations aren’t fulfilled within deadlines.
  • Risk Management: Encourages upfront disclosure of creditworthiness or loan prequalification.
  • Negotiation Leeway: Sellers might prefer shorter contingencies for quicker resolution.

This contingency preserves fairness, preventing either side from indefinite waiting if financing stalls. All parties must communicate promptly to maintain clarity.

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