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The Buyer and Seller agree that the Seller may continue to market the Property for sale. Some important contingency clauses should include financing, home inspections, closing costs, and the closing date, among others.The responsibility to provide "marketable" title is a fundamental duty of the seller in any real estate transaction. Seller has complete title to the Premises subject only to the matters reflected in the preliminary title report. A contingency contract in real estate is a conditional purchase agreement with stipulations that must be met to complete the sale. PARTIES TO CONTRACT - PROPERTY. Buying or selling real estate in Illinois? You're using the Multiboard 7. This legal term serves to remind all parties involved in a real estate contract that time is running out for them. Not being able to find a new home.