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Price to be Fixed by Appraisal Clauses: Contract for Real Property

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US-C-CL-585-1
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A clause dictates the conditions under which the contract is legally enforceable and determines the terms of the contract. Contracts often contain boilerplate clauses or standard clauses found across most contracts. These standard clauses do not require a lot of negotiation. Included is a Sample Price to be Fixed by Appraisal Clauses for a Contract for Real Property. An “appraisal gap” is the difference between the appraised value of a home and the purchase price contained in the sales contract. An “appraisal gap clause” may be used in a sales contract to guarantee that the Buyer will cover the monetary gap between the appraisal and the sales contract, if an appraisal gap becomes an issue.

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FAQ

An appraisal contingency clause is a provision included in purchase contracts that allows homebuyers to back out of their contract if a home is appraised for less than the purchase price included in the contract.

As an appraisal contingency example, if you agree to buy a home for $200,000, but the appraised value comes in at only $190,000, the lender will not give you a loan for the property unless you cover the difference.

The seller can then demand that the difference be paid by you, the buyer. If you don't have the extra cash and there is no appraisal contingency, you are in breach of contract and can lose your earnest money deposit.

An example of an appraisal gap is if you want to purchase a property that is on sale for $300,000 and you offer $325,000 with a 5% down payment, as a means of standing out from the crowd. After your offer is accepted, the appraisal comes back at $305,000.

Contingencies can include details such as the time frame (for example, ?the buyer has 14 days to inspect the property?) and specific terms (such as, ?the buyer has 21 days to secure a 30-year conventional loan for 80% of the purchase price at an interest rate no higher than 4.5%?).

Here's an example of an appraisal gap clause as written into a sales contract: ?If the property does not appraise for the purchase price, the buyer agrees to pay up to $20,000.00 above the appraised value, but not to exceed the purchase price.?

An appraisal contingency clause is a provision included in purchase contracts that allows homebuyers to back out of their contract if a home is appraised for less than the purchase price included in the contract.

An appraisal contingency clause is a condition built into a real estate contract that gives the buyer the right to walk away from the transaction if the appraised value of the property is lower than the agreed-upon purchase price.

More info

An appraisal contingency gives the buyer the right to back out if a professional property appraisal comes in lower than a specified minimum. When a home does not appraise at value, the gap between the appraised value and the contract price must be resolved.You agree to pay the full amount of a home's contracted price when you waive the appraisal contingency clause, even with a low appraisal value. An appraisal gap clause can be written into a contract. This article explains how home appraisal contingencies work in California, and why some buyers choose to waive them when making an offer. The mainstay of any real estate contract is the appraisal contingency. Most home purchase agreements have a contingency clause stating that the property must appraise for at least the purchase price. Appraisal Contingency. Understanding This Real Estate Contract Provision. Under this contingency, you're relieved from the obligation to buy the property if the you obtain an appraisal that falls below the purchase price.

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Price to be Fixed by Appraisal Clauses: Contract for Real Property