Whether you’re looking to buy your first home or are a seasoned buyer looking to upgrade or downsize, navigating thehousing market can definitely be daunting. Regardless of your experience level, the complex jargon and legalities involved when purchasing a home can be difficult to understand. One such concept all homebuyers should be familiar with is an appraisal contingency. In this guide, we’ll be exploring exactly what an appraisal contingency is and how it can impact the homebuying journey.
What is an appraisal contingency?
An appraisal contingency is a clause in a real estate contract that allows the homebuyer to back out of the transaction or renegotiate the terms of the sale if the property appraisal comes in lower than the agreed-upon purchase price.
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Once the buyer has found a home they wish to purchase, they agree upon a purchase price with the seller, and if they opt for a mortgage loan, they then apply for a mortgage. At this stage, the lender requires an appraisal of the property to determine its fair market value. If the appraisal comes in lower than the agreed-upon purchase price, the buyer may not be able to obtain financing for the full amount and may have to pay the difference out of pocket or renegotiate the terms of the sale.
With an appraisal contingency in place, the buyer can protect themselves from being obligated to pay more than the fair market value of the property. If the appraisal comes in lower than the purchase price, the buyer has the option to back out of the sale without penalty or renegotiate the terms of the sale to reflect the appraised value.
What are appraisers looking for?
The appraisal value of a property is determined by a licensed appraiser who evaluates the property’s market value based on several constituents. Certified appraiser John Mulligan of Maui Aina Appraisal Company notes the following six factors:
Property characteristics: The appraiser considers theconfiguration, improvements, and amenities of a property such as the square footage, the number of bedrooms and bathrooms, the age of the property, and any unique features like a pool or fireplace.
Location: The appraiser looks at the location of the property, including the neighborhood, nearby amenities, and school district.
Comparable properties: The appraiser compares the property to three other recently sold (within the last 90 days) properties that are similar in size, age, and features.
Condition of the property: The appraiser evaluates the condition of the property, including any needed repairs or updates.
Market trends: The appraiser considers market trends and economic conditions at place that may affect the value of the property.
Zoning and use restrictions: The appraiser takes into account anyzoning or use restrictions that may affect the value of the property.
These six main factors are taken into consideration by the appraiser to determine the fair market value of the property. This appraisal value is extremely important in determining the maximum amount a lender is willing to finance and helps the buyer and seller negotiate a fair price for the property.
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Understanding an appraisal contingency – how does it work?
An appraisal contingency states that the sale of the property is contingent upon the property being appraised for a certain value. Here’s how it works:
The buyer and seller agree on a purchase price for the property.
The buyer has a licensed appraiser evaluate the property to determine its value based on factors like property characteristics, location, and comparable properties.
If the appraised value of the property is equal to or higher than the agreed-upon purchase price, then the contingency is satisfied, and the sale can proceed as planned.
If the appraised value of the property is lower than the agreed-upon purchase price, then the buyer can:
Negotiate with the seller to lower the purchase price to match the appraised value.
Request that the seller make repairs or upgrades to the property to increase its value.
Walk away from the sale altogether, as the contingency allows them to do so without penalty.
An appraisal contingency is important for the buyer because it protects them from overpaying for a property that is not worth the purchase price. It also provides a way for the buyer to renegotiate or back out of the sale if the property is appraised at a lower value than expected.
What is a contingent offer?
A contingent offer is a type of offer made by a buyer to purchase a property that is contingent upon certain conditions being met. These conditions typically relate to the sale of the buyer’s current property, securing financing, passing a home inspection, or the property appraisal reflecting fair market value.
What is an appraisal gap clause?
An appraisal gap clause is a provision in a real estate contract that addresses the difference between the appraised value of the property and the purchase price agreed upon by the buyer and seller.
When a buyer obtains financing to purchase a property, the lender requires an appraisal to confirm the property’s value matches the loan amount. In a competitive market, a buyer may offer more than the appraised value to secure the purchase. In this case, an appraisal gap clause can be added to the contract to address any difference between the purchase price and the appraised value.
An appraisal gap clause is designed to protect both the buyer and the seller by providing a clear understanding of how to proceed if the appraised value differs from the purchase price.
What is the difference between an appraisal contingency and a finance contingency?
An appraisal contingency and a finance contingency are two common types of contingencies included in a real estate purchase agreement. Here are the key differences between them:
Definition: An appraisal contingency is a clause in a real estate purchase agreement that makes the sale of the property contingent upon the property’s appraised value meeting or exceeding a certain amount. A finance contingency is a clause in a real estate purchase agreement that makes the sale of the property contingent upon the buyer obtaining financing to purchase the property.
Purpose: The purpose of an appraisal contingency is to protect the buyer from overpaying for the property. The purpose of a finance contingency is to protect the buyer from being contractually obligated to purchase the property if they are unable to secure financing.
Timing: An appraisal contingency is typically included in the initialpurchase agreementand is usually resolved during the inspection period. A finance contingency is also typically included in the initial purchase agreement and is resolved once the buyer has secured financing (which may take several weeks).
Can an appraisal contingency be waived?
In short, yes, but it is risky. If you choose to waive an appraisal contingency, you are then agreeing to purchase the property at the agreed-upon purchase price, regardless of the appraisal value.
When should you use or waive an appraisal contingency?
When deciding whether to use an appraisal contingency, here are some factors to consider:
You are obtaining financing: If you are obtaining financing to purchase the property, the lender will typically require an appraisal to determine the value of the property.
The property is unique: If the property is unique and there aren’t many comparable properties to use for the appraisal, it may be wise to include an appraisal contingency to protect yourself in case the appraised value of the property is lower than the purchase price.
You are concerned about overpaying: If you are concerned that you may be overpaying for the property, including an appraisal contingency can help you back out of the purchase if the appraisal value is lower than the purchase price.
If you’re deciding to waive an appraisal contingency, consider the following:
You are a cash buyer: If you are a cash buyer and don’t need financing to purchase the property, you may consider waiving the appraisal contingency. In this case, you would be assuming the risk that the property won’t appraise for the purchase price. If you are comfortable with this risk, waiving the contingency can make your offer more attractive to the seller.
The property is in high demand: If the property is in a highly competitive market and there are multiple offers, waiving the appraisal contingency can make your offer more competitive.
You are confident in the value: If you have done your own research and are confident that the property is worth the purchase price, you may consider waiving the appraisal contingency.
If you do decide to waive an appraisal contingency for whatever reason, be aware that if the property does not appraise for the purchase price, you may be responsible for making up the price difference in cash.
What happens if the appraisal is lower than the sale price
If the house appraises for less than the offer, it means that the appraised value of the property is less than the agreed purchase price. This situation can have several consequences, such as:
Renegotiation of the purchase price: If the house appraises for less than the offer, the buyer can negotiate with the seller to reduce the purchase price to match the appraised value. If the seller agrees to reduce the price, the buyer can proceed with the purchase.
Additional down payment: If the buyer still wants to purchase the property, they may need to make a largerdown payment to compensate for the shortfall in the appraised value. This is because the lender will only provide a mortgage loan up to the appraised value of the property.
Cancelation of the deal: If the seller is not willing to renegotiate the purchase price, and the buyer is unable or unwilling to make a larger down payment, the deal may be canceled.
It’s important to note that a lower appraised value is not always a deal breaker. If the buyer and seller are willing to work together to find a mutually acceptable solution, the purchase can proceed. However, if an appraisal contingency is not in place and this occurs, your loan may be denied unless you decrease your down payment. If you choose to not do so, you will have to walk away from the sale and thus forfeit your money.
What happens if the appraisal is higher than the sale price
If the appraised value is higher than the agreed-upon purchase price, the purchase can proceed as planned with the agreed-upon price since the seller is legally bound to this price regardless of the appraisal value. However, there may be some exceptions depending on the terms of the contract and state laws. If this occurs, this is in favor of the buyer as upon move-in, they receive more equity. This is true with or without an appraisal contingency, but without one the property purchased can proceed without the buyer needing to make up the difference.
Why and why not appraisal contingency
There are several reasons buyers may include an appraisal contingency such as:
Financial protection: If the appraised value is lower than the agreed-upon price, the buyer won’t be obligated to purchase the overpriced property.
Negotiating power: Having an appraisal contingency allows the buyer to renegotiate the terms of the purchase if the appraised value is lower than the agreed-upon price.
Ability to walk away: If the appraised value is lower than the agreed-upon purchase price, the buyer can terminate the deal and get their money back.
Despite the benefits, there are a couple of reasons why a buyer might not want to include an appraisal contingency such as:
Less competitive offer: In a competitive market, a seller may favor another offer, one without an appraisal contingency, since there would be fewer barriers to closing.
Renegotiation changes: If the appraised value is lower than the agreed-upon purchase price and renegotiation is taking place, it’s possible for the seller to change their offer.
Related FAQs about appraisal contingencies
What are other types of real estate contingencies? There are several other types ofreal estate contingencies that buyers may include in their purchase contracts to protect themselves such as a financing contingency, inspection contingency, title contingency, and home sale contingency
Is there an appraisal contingency deadline? The appraisal contingency deadline is negotiated between the buyer and seller and is typically set at 7-10 days after the appraisal is conducted. If the buyer misses the deadline, they may lose their right to terminate the contract based on the appraisal results. Thus, it is important to understand and meet all the deadlines in the contract with the help of areal estate agent or attorney.
How long is an appraisal good for? Appraisals are typically considered valid for 120 days (4 months) from the date of the report, but the validity period can vary depending on the type of loan and the lender’s requirements. For example, government-backed loans may have a longer validity period of up to 180 days (6 months). This is because market conditions and other factors can affect the value of the property over time, so the appraisal is only a snapshot of the property’s value at a specific point in time.
Who pays for an appraisal? In a typical home purchase transaction, the buyer is responsible for paying for the appraisal as part of theirclosing costs. However, in some cases, the seller may agree to pay for the appraisal.
How long does an appraisal take? The timeframe for an appraisal can vary depending on factors such as the size and complexity of the property, the appraiser’s workload, and local market conditions. Generally, the appraisal process can take anywhere from a few days to a few weeks.
How much does an appraisal cost? Thecost of an appraisal varies depending on the location, size, and complexity of the property, but it typically ranges from a few hundred dollars to several hundred dollars.
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Darby works as a Content Marketing Coordinator on Redfin’s impressive Content Marketing team. Her experience includes media advertising, graphic design, and a B.A. in business leadership with a concentration in marketing and communication studies. She currently resides in Seattle, WA, and can be found crafting with her friends and sipping on a chai latte at Gasworks Park. Her dream home is either a cream cottage in Madrona, WA, or a brownstone in the West Village.
