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What is Contingent Upon Finding Suitable Housing?

🏡 What Does “Contingent Upon the Seller Finding Suitable Housing” Mean?

In some Vermont real estate transactions, a seller may accept an offer contingent upon the seller finding suitable housing. This means the seller agrees to sell their home, but only if they are able to secure another place to live before the transaction moves forward.
This type of contingency allows the seller time to locate their next home while still moving ahead with a buyer’s offer.

🔎 What This Means for Buyers
When a contract includes a suitable housing contingency, the buyer has an accepted agreement, but the seller still has the ability to cancel the contract if they cannot secure another property that meets their needs. Depending on the contract terms, the Buyers may also have the right to terminate the contract after a certain time.

Potential impacts for buyers include:
• The closing date may remain flexible until the seller secures housing.
• The seller may terminate the contract if suitable housing is not found.
• Buyers may need to remain flexible with moving plans.
• Financing timelines and loan commitments may require careful coordination.
Because of this uncertainty, contracts usually include specific terms outlining how the contingency works and when it must be resolved.

📌 How the Process Typically Works
Contract Signed
Buyer and seller agree to the purchase with a clause stating the sale is contingent upon the seller finding suitable housing.

Seller Searches for Housing
The seller actively looks for a new property that meets their needs.
Seller Secures a New Home
Once the seller has a home under contract, the agreement might be modified to indicate the contingency has been satisfied.
If Suitable Housing Is Not Found
The seller or buyer may have the option to terminate the agreement, and the buyer’s earnest money deposit is typically returned.

💰 Impact on Mortgage Rate Locks
For buyers financing their purchase, this contingency can affect mortgage rate lock planning.

Loans sold to or backed by Fannie Mae and Freddie Mac have guidelines that a buyer can’t lock in on a mortgage rate until 60 days of the closing date.

If the seller takes longer to secure housing:
• Buyers may need to extend their rate lock
• Extensions may sometimes involve additional costs
• If the rate lock expires, the buyer may have to accept the current market interest rate. If the current rate is higher, that will impact the monthly mortgage payment.

What Buyers Should Consider
Before agreeing to this type of contingency, buyers should:
• Understand the terms of the housing contingency in the contract.
• Speak with their lender about rate lock flexibility.
• Be prepared for potential changes to the closing schedule.
A suitable housing contingency can help sellers transition smoothly, but buyers should fully understand how it may affect timing, financing, and overall certainty in the transaction.

Mark Montross
Catamount Realty Group
85 Prim Road, Suite 202
Colchester VT 05446
802-825-1353
[email protected]

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