Contingencies, one by one
A contingency is a condition in the contract that lets the buyer cancel, usually with the deposit returned, if something isn't right. Here are the ones that come up in almost every Oʻahu sale.
Buyer protection
Inspection contingency
Gives the buyer a set number of days to inspect the home and either accept it, ask for repairs or credits, or cancel. On the standard Hawaiʻi contract the buyer can disapprove the inspection for any reason within that period.
Commonly about 7 to 14 days, but it's whatever you negotiate.
Buyer protection
Financing contingency
Protects a buyer who can't get the loan. If the buyer doesn't receive a loan commitment by the date in the contract, they can cancel before that date.
Cash buyers usually don't include one, which can make their offer more attractive.
Buyer protection
Appraisal
If the lender's appraisal comes in below the price, the loan amount may drop. Buyer and seller can renegotiate, the buyer can cover the gap in cash, or the buyer may be able to cancel, depending on the contract terms.
VA loans include extra appraisal protections for veterans.
Buyer protection
Disclosure review
After receiving the seller's disclosure statement (SRPDS), the buyer has a set time to review it and cancel if they don't accept it. The same right applies to amended disclosures and to important information discovered later.
See the SRPDS section for the legal deadlines.
Buyer protection
Title report
Escrow orders a preliminary title report showing ownership, liens, easements, and recorded restrictions. The buyer gets a short window after receiving it to object or cancel.
Condos and HOAs
Association document review
For condos and many planned communities, the buyer gets a review period for the association's documents: budget, reserves, minutes, insurance, and house rules.
See our condo guide for what to look for.