What is a contingency form?

A contingency form documents conditions that must be met for a purchase to proceed. It sets measurable criteria, responsibilities, and deadlines and functions as an enforceable contract term once signed.

Can a contingency form be signed electronically?

Yes. Electronic signatures are legally recognized under the ESIGN Act (15 U.S.C. §7001) and by UETA in most states; ensure intent, consent, attribution, and retention requirements are met.

Is notarization required for contingency forms?

Generally no for standard contingency clauses, but state or county requirements vary; deeds and certain conveyance documents typically require a notarized acknowledgement.

What happens if a deadline is missed?

Missing a contingency deadline can result in contract default, automatic vesting, or loss of contingency rights; follow the notice and cure procedures in the agreement to mitigate risk.

How do parties remove a contingency?

The party authorized to remove must deliver a written removal or waiver by the stated method and date; record the removal with a signed and dated notice to all parties.

Who should review the contingency language?

Buyers, sellers, and their attorneys or brokers should review contingencies. Lenders should verify financing contingencies. Legal review prevents ambiguous terms that could cause disputes.

Electronic Signature
Templates
Real estate
Real Estate Contingency Form

Real Estate Contingency Form

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REAL ESTATE CONTINGENCY FORM

Parties and Contract Information

Buyer Name(s) Buyer Contact (Address / Phone / Email) Seller Name(s) Seller Contact (Address / Phone / Email)

Property Address: Parcel / APN:

Legal Description

Purchase Agreement Effective Date: Purchase Price: $ Earnest Money: $

Contingencies (select applicable and complete deadlines)

Inspection Contingency — Buyer shall have the right to obtain any inspections, surveys and tests of the Property and its systems. Buyer must deliver written notice to Seller of unsatisfactory conditions or of termination on or before . If Buyer elects to request repairs, Seller shall have days after receipt of Buyer’s written request to accept, refuse or propose an alternative. If no agreement is reached by the date specified above, Buyer may terminate the Agreement in writing and earnest money shall be handled per the Agreement and this form.

If Inspection Selected, Items Requested for Repair or Credit

Financing Contingency — Buyer’s obligation to close is conditioned upon Buyer obtaining a written loan commitment on terms acceptable to Buyer by . Buyer shall make timely application and provide lender information to Seller upon request. If Buyer cannot obtain financing by that date, Buyer may terminate in writing and earnest money disposition shall follow the Agreement unless Buyer waives the contingency in writing.

Appraisal Contingency — Sale is contingent upon an appraisal showing value not less than the Purchase Price. Appraisal must be delivered by . If appraisal is below Purchase Price, Buyer may terminate or negotiate an adjusted price; failure to agree permits Buyer to terminate as specified in the Agreement.

Title / Survey / HOA Documents Contingency — Buyer’s approval of title, survey, and homeowners association documents, if any, must be delivered in writing by . Seller shall have the right to cure title objections within a reasonable cure period or remove encumbrances prior to closing. If title objections are not resolved, Buyer may terminate and earnest money disposition shall follow the Agreement.

If Title/HOA Selected — Title or HOA Objections

Sale of Buyer’s Property Contingency — This Agreement is contingent upon Buyer selling and closing on the property located at by . If Buyer’s sale does not close by that date, Buyer may terminate in writing and earnest money shall be returned to Buyer unless Buyer elects to waive this contingency in writing.

Insurance / Hazard Availability Contingency — Buyer must be able to obtain homeowner’s insurance on commercially reasonable terms by . If coverage is unavailable or cost materially increases, Buyer may terminate or negotiate in good faith.

Environmental / Well / Septic / Radon Contingency — Buyer’s acceptance is conditioned upon satisfactory tests and inspections of environmental conditions, well, septic, and radon within the inspection period or by . Buyer’s remedies for unsatisfactory results are stated in the Inspection Contingency above.

Other Contingency — Describe and state deadline below.

Other Contingency Description

Disclosures

Seller discloses the following known conditions (check if present):

Lead-based paint hazards or records of lead remediation
Past or present mold or water intrusion issues
Prior structural or significant damage requiring repairs
History of flooding or flood insurance claims
Known pest or termite infestation history

If any boxes checked, describe details

Notices

All notices required under this Contingency Form shall be in writing and delivered to the notice addresses below. Notice is effective upon personal delivery, confirmed overnight courier delivery, or upon electronic delivery to the email address provided below if sender retains proof of transmission.

Buyer Notice Contact (Address / Email / Phone) Seller Notice Contact (Address / Email / Phone)

Default, Remedies, and Earnest Money

If a contingency is not timely satisfied or waived, the non-defaulting party may terminate this Agreement as provided herein. Upon termination pursuant to an unsatisfied contingency, earnest money shall be disbursed in accordance with the Purchase Agreement and any separate escrow instructions. If Buyer fails to timely provide required notices, applications, or approvals and such failure causes the contingency not to be satisfied, Buyer shall be deemed to have waived the contingency unless Buyer provides notice of a material impediment and Seller elects to extend the applicable deadline in writing.

Remedies provided herein are cumulative and in addition to any remedies provided at law or in equity. Unless otherwise agreed in writing, Seller’s acceptance of any attempt to cure a contingency objection shall not constitute a waiver of Buyer’s other rights under this Form or the Purchase Agreement.

General Provisions

This Contingency Form is an addendum to and incorporated into the Purchase Agreement referenced above. Terms not modified by this Contingency Form remain in full force and effect. Any waiver of a contingency or extension of a deadline must be made in writing and signed by the waiving party. This Form shall be governed by the laws of the state in which the Property is located.

Each party represents and warrants that the person signing below is authorized to execute this Contingency Form on behalf of the party. Signatures delivered by electronic means, including scanned signatures, shall be effective to bind the signing party.

Buyer Printed Name:

By:

Date:

Seller Printed Name:

By:

Date:

What the Real Estate Contingency Form Is

A Real Estate Contingency Form records conditions that must be satisfied for a real estate purchase agreement to become binding. Common contingencies cover financing approval, property inspection, appraisal, title clearance, and sale of the buyer’s existing property. The form defines deadlines, responsible parties, cure periods, and the process to remove or waive each contingency so both buyer and seller understand conditional obligations and timelines.

Why Contingency Clauses Matter in Offers

Contingencies allocate risk and create clear triggers for performance or termination, preserving earnest money when conditions fail. They reduce ambiguity, set enforceable deadlines, and protect both parties from unforeseen financing or inspection outcomes.

Who Typically Prepares and Uses This Form

Collaboration among these parties ensures contingencies are drafted precisely and removed or satisfied on schedule to avoid disputes.

Buyers and buyer agents — define inspection, financing, and sale-of-home contingencies to protect the buyer’s exit options.
Sellers and listing agents — review contingency deadlines and cure provisions to manage closing expectations and deposit handling.
Lenders and attorneys — verify financing contingencies and title requirements and advise on enforceability and timing.

Stepwise Guide to Completing the Form

Follow these steps to ensure the contingency form is complete, clear, and enforceable.

01

Prepare Parties: List buyer and seller legal names and contact details accurately.
02

Specify Contingencies: Describe each condition, criteria for satisfaction, and any cure process.
03

Set Deadlines: Enter removal and approval dates in MM/DD/YYYY format.
04

Sign and Distribute: Obtain signatures and share executed copies with all stakeholders.

Typical Document Flow for Contingency Forms

A typical workflow moves the form from draft to execution, verification, and storage; each step should record status and timestamps.

Draft: Create the form with all contingency language and deadlines.
Review: Parties and counsel check terms, negotiate, and confirm conditions.
Execute: Signatures are collected and dated; removal notices recorded when conditions satisfied.
Archive: Store executed copies with audit trail and supporting documents.

Configuring an Online Contingency Workflow

Set up fields, routing, and authentication to streamline e-signature and tracking for contingency documents.

Field	Configuration
Signature Field	Required for each party; include date stamp.
Conditional Fields	Show removal checkbox only after satisfaction criteria entered.
Routing Order	Define signer sequence: buyer → seller → lender (if applicable).
Authentication	Choose email link, SMS code, or KBA for signer verification.

Technical Considerations for eSubmission and Signing

Integrations such as Salesforce, Microsoft 365, NetSuite, and cloud storage services streamline routing and archival while preserving audit data and signed copies.

File formats: PDF, DOCX accepted
Authentication: Email, SMS, KBA options
Integrations: CRM and storage connectors

Core Elements Every Professional Contingency Form Should Include

A well-drafted form balances clarity and enforceability by naming parties, describing conditions, and specifying dates and remedies.

Contingency Description

Plain-language statement of the condition, success criteria, acceptable remedies, and any required inspections or reports.

Deadline and Timeframes

Precise removal or satisfaction deadlines in MM/DD/YYYY format and any cure periods for noncompliance.

Responsibility

Identify which party must act, deliver documents, or obtain approvals to satisfy the contingency.

Notice Procedure

Specify how acceptance, rejection, or removal is communicated (email, certified mail) and who must receive notice.

Deposit and Remedies

Address earnest money handling if contingency fails, including conditions for refund or forfeiture.

Termination Rights

Explain when the agreement may be terminated and whether parties retain post-termination remedies.

Security and Compliance Considerations

In-transit Encryption: TLS 1.2/1.3

At-rest Encryption: AES-256

Audit Trail: Timestamped logs

Regulatory Standards: ESIGN,UETA compliant

HIPAA Support: BAA available

Certifications: SOC 2 Type II, ISO 27001

Common Preparation Mistakes to Avoid

Using vague contingency language that fails to define measurable success criteria, leading to disputes over satisfaction.
Omitting precise dates or using relative deadlines (e.g., "within a reasonable time") that create ambiguity and litigation risk.
Failing to specify notice methods and recipients for removal or default, causing missed deadlines and unintended contract vesting.
Not attaching supporting exhibits (inspection reports, lender conditions) so parties lack required evidence to confirm satisfaction.

Potential Risks and Consequences of Errors

Deposit Forfeiture: Loss of earnest money

Unconditional Contract: Agreement may become binding

Closing Delays: Extended settlement timelines

Litigation Exposure: Breach disputes

Title Issues: Unresolved defects

Financing Failure: Buyer left without funds

Key Dates Commonly Included in Contingency Forms

Track these dates carefully; they determine when contingencies are satisfied, removed, or trigger termination rights.

Inspection Period Deadline:

Date by which inspections must be completed and objections raised.

Financing Approval Date:

Last day for lender approval or buyer notice of inability to finance.

Appraisal Completion Date:

Date to obtain appraisal and resolve valuation contingencies.

Title Clearance Date:

Deadline to cure title defects or obtain satisfactory title insurance.

Closing Date:

Scheduled settlement date when ownership transfers.

Milestone Timeline from Offer to Closing

Milestones summarize sequential stages and show when each contingency must be addressed to keep the transaction on track.

01

Offer Submitted

Initial contract and contingency form delivered to seller and escrow agent.

02

Contingencies Addressed

Inspections, appraisals, and financing conditions reviewed and resolved before removal.

03

Contingency Removal

Parties execute removal notices or waivers by the stated deadlines.

04

Closing Executed

Final documents signed, funds transferred, title conveyed to buyer.

eSignature Vendor Comparison for Contingency Forms

Compare common vendor pricing and core features relevant to signing and tracking contingency documents; signNow is listed first per platform data.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About Contingency Forms

Answers to common questions on use, signing, deadlines, and legal validity for Real Estate Contingency Forms.

Need help? Contact support

What is a contingency form?
A contingency form documents conditions that must be met for a purchase to proceed. It sets measurable criteria, responsibilities, and deadlines and functions as an enforceable contract term once signed.
Can a contingency form be signed electronically?
Yes. Electronic signatures are legally recognized under the ESIGN Act (15 U.S.C. §7001) and by UETA in most states; ensure intent, consent, attribution, and retention requirements are met.
Is notarization required for contingency forms?
Generally no for standard contingency clauses, but state or county requirements vary; deeds and certain conveyance documents typically require a notarized acknowledgement.
What happens if a deadline is missed?
Missing a contingency deadline can result in contract default, automatic vesting, or loss of contingency rights; follow the notice and cure procedures in the agreement to mitigate risk.
How do parties remove a contingency?
The party authorized to remove must deliver a written removal or waiver by the stated method and date; record the removal with a signed and dated notice to all parties.
Who should review the contingency language?
Buyers, sellers, and their attorneys or brokers should review contingencies. Lenders should verify financing contingencies. Legal review prevents ambiguous terms that could cause disputes.

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