Although it is better to first sell your home before buying another one, sometimes the market conditions are right to buy before you sell. If you decide to buy another home before selling your existing one, you would write a contingent contract to purchase. It means your home must sell before you are obligated to complete the purchase transaction.
You would need to let the sellers know the status of your sale process. The status might make a difference as to whether your offer is accepted. Obviously, if your home is not yet on the market, the seller might not consider your offer at all.
If your home is not on the market, you are not a buyer or a seller. You are somebody who is thinking about it.
If your home is for sale. You will let the sellers know the brokerage that has listed your home, the name of the multiple listing service in which it is listed and identify the MLS number. If you are planning to sell your home without representation, the listing agent representing the seller will likely advise the seller to reject your offer. This may seem unreasonable and possibly sound unfair, but if you plan to represent yourself on the sale of your home, you may not appear credible to the listing agent nor to the seller.
If your home is in escrow. The seller will want to know the name of the escrow company, the escrow file number and when it is scheduled to close escrow.
What if Your Home Does Not Sell
The date of closing is very important. If you enter a date when to close, the seller will expect you to close by that date. You have the option to specify a date on the contingency agreement that is different than the scheduled date of closing, which is recommended, especially if your property is not yet in escrow.
If you present home does not sell by the date you specify, the seller then has the right to issue a Notice to Buyer to Perform, demanding that you close. If you cannot close, the seller has the right to cancel your agreement to purchase
First Right of Refusal
Part of the negotiation process for a contingent contract is whether the seller can cancel your purchase agreement if the seller receives another offer. Typically, the seller retains the right to continue marketing the property regardless of the option agreed upon.
Removal of sale contingency. This option lets the seller kick you out of the purchase agreement if the seller receives another offer. Should the seller receive another offer, this provision lets the seller give you, by default, 72 hours to remove your contingency. This does not mean you need to sell, but your agreement would no longer be contingent on the sale. Removing your contingency means you would need to find the funds to close elsewhere such as by obtaining a bridge loan or liquidating assets.
Back-up offers only. This option does not let the seller kick you out of the agreement to purchase. The seller is legally bound to sell to you, providing you eventually sell your home within the time specified, but the seller can accept offers as a back-up in case your transaction falls apart. Very few sellers who have hired an astute agent to advise them will accept this option.
If you desire legal advice, please contact a real estate lawyer.
