Non-Mortgage Contingent Offers
I remember many years ago attending a closing with an apology that my processor had forgotten to order the wire. I had the Federal Reserve funds number and knew the wire would be in at any moment. We all make mistakes, but we need to own them and be accountable.
What was challenging is the listing agent made a big scene that “this is a cash transaction and that this is unacceptable and we are leaving and will come back when the money is here”. I offered to drive checks to everyone when the wire came in but she continued to go ballistic and refused. I then offered that everyone goes and enjoy breakfast and bring me the bill.
Yes, we did make a mistake which I recognized and took accountability for.
Is a non-mortgage contingent agreement the same as a truly cash offer. No, it’s not. What it does is put the buyer in a hot seat that the deposit on contract is forfeited if the mortgage is not approved. The mortgage contingency gives the buyer and out if the mortgage is declined.
The other thing a non-contingent offer does is put the appraisal on the buyer. If the home does not appraise for agreed upon price and there is no “appraise for value” clause the buyer’s loan cannot be declined because the home under appraised. If a buyer applies for an 80% loan-to-value value mortgage and the home comes in lower the 80% loan cannot be approved “as submitted” at 80% and either the seller works with the buyer on sales price, the buyer puts more money down or is willing to take a different mortgage the loan has a reason to be denied under a mortgage contingent contract.
I bought my current home this way. I gave a substantial amount of money as deposit on contract, but I knew my mortgage was going to be approved. I took the risk and won the deal.
As the seller of a home a true cash deal is often the best way to go, but not necessarily. What if a substantially better offer has no mortgage contingency but the buyer wants to get a mortgage. This is something to consider.
The market is crazy these days and multiple offers are common and many over asking price. I often suggest to a very strong buyer consider making a non-mortgage contingent offer to try and help win the home. It’s a little risky but with proper understanding and strategies, not really. They need a substantial deposit on contract and willingness to take a leap of faith, in themselves.
Additionally, many mortgage companies can do an approval verses a pre-approval so the buyer can submit the offer with a fully underwritten mortgage. This is a great tool to potentially win a home.
Contingencies are not easy to navigate these days. Home inspections, appraisal issues, and of course mortgage but a non-mortgage contingent offer may very well win the home for the buyers.










