Feb. 24, 2022

A topic that no one loves talking about - what could happen once the offer gets accepted that would cause the deal to fall through?
We know that in a competitive market like the one we’re in today that getting the all-important offer acceptance seems like a victory. While you absolutely deserve to celebrate, do keep in mind that things can come up between the offer acceptance and the closing table.
What obstacles might you face in that interim time frame? Today we’re breaking down 5 common reasons that we see pending sales fall through and what your options are should you find yourself in one of these situations.
Buyer’s Remorse
We know that purchasing a home is a major milestone in life. It’s also one of the largest financial investments that you’ll make in life. Unfortunately, that can cause a case of buyer’s remorse once the offer has been accepted and can cause a sale to fall through.
In this market, to secure a home, you’ll need to act quickly. This has the potential to cause buyers to get caught up in the frenzy and make decisions without really thinking through all the pros and cons. However, once the offer is accepted, walking away may result in a loss of your initial earnest money deposit. While the consequences are generally steeper once the purchase agreement is signed, walking away from the purchase after offer acceptance can cause problems for both parties and add stress to the purchasing process.
If you find yourself in this situation, take some time to really think about what you want your next steps to be. What made you fall in love with the home in the first place? What are your concerns? Have a conversation with your real estate agent and share those thoughts as they may be able to provide you with some suggestions or recommendations to help you feel confident in your purchasing decision.
To avoid this situation entirely, be sure to have a defined list of must-haves and want-to-haves in your home. Additionally, be sure to take a moment after you view a home that you think could be the one to really evaluate if it’s a 10/10 for you. Don’t settle just because there’s limited inventory - the perfect house for you is out there, you just might need to be patient and wait for the right one.
Unable to Obtain Financing
If you’re financing your home purchase with a mortgage, obtaining financing is something that you’ll need to stay on top of. However, even the most organized buyer can run into issues with financing. In most cases, your offer will include a finance contingency which will protect you if the loan isn’t approved. This means that you will get your earnest money deposit back should financing fall through.
However, if you do find yourself in this situation, there are options available. You may be able to find alternative financing if your original plan doesn’t look promising. You may be left with less favorable options, however, there is always the possibility of refinancing down the road.
How can you avoid a financing issue? Avoid making any large purchases, such as new furniture, until after closing. Additionally, don’t open any new lines of credit, such as a new credit card, or make any large withdrawals or deposits into your bank accounts.
Failed Home Inspection
No one want’s to find major concerns in a home inspection but unfortunately, it does happen. If it does, your options depend on if an inspection contingency was included in the offer. If so, then you have the option to either negotiate for repairs or walk away from the deal with no penalty to you.
If you find yourself in a situation where the outcome of the home inspection wasn’t what you were hoping for, you do have some options. Most likely, the seller wants the deal to continue just as much as you do and will be open to negotiating. They may offer concessions to be paid to you at closing or safely and responsibly rectify the issue. You may request to see proof that a licensed professional completed all necessary repairs or you may request a home warranty paid for by the seller.
Keep in mind that this is a case where having a conversation with a real estate professional before submitting an offer becomes critical. If you waive the inspection contingency, you will not be able to get a home inspection performed, let alone negotiate on any concerns. Additionally, your loan type may dictate what inspections are necessary and what options you have if any concerns arise.
Issues With a Home Sale Contingency
If you need to purchase a home but also need to sell, you’ll likely want to include a home sale contingency into your offer. Keep in mind that in this competitive market, including a home sale contingency does weaken your offer. However, if it gets accepted, it does allow you additional protection should you need to sell your home before purchasing.
Now, if there are problems that cause your home either not to sell or not to close on time, it could put your home sale in jeopardy.
Luckily, there are ways to prevent the sale from falling through. You can work with the sellers to adjust closing dates to buy additional time. You may also be able to look into loan options that will allow you to bridge the gap as you wait for your home to sell. If there are any concerns, you should have a conversation with your trusted real estate agent as soon as possible so that can help you navigate the different options and prevent the sale from falling through.
The Appraisal Comes in Low
One challenge of today’s market is that bidding wars often result in homes selling for much more than the asking price. You might be thinking, “I’m pre-approved for more than the listing price, so I should be fine.” It all comes down to the appraisal. Unfortunately, due to the competition that we’ve been seeing, there have been situations where the offer price ended up being higher than what the home appraises for. In this situation, your lender will only approve a loan up to what the home appraises for.
So, what happens here? While this situation is discouraging, it doesn’t have to mean the death of the deal. Your options depend first on if you included an appraisal contingency in your offer. If so, you might be able to negotiate with the seller for them to come down in price to the appraised amount. Additionally, you may have included an appraisal gap in your offer, where you offered to pay x amount over the appraisal. In this case, you’ll cover the difference with your own funds up to the stated amount and the deal will continue.
Finally, there is the situation in which you did not include an appraisal contingency. In this case, you have no written protection if you decide not to continue with the home purchase. If you wish to continue, you’ll have to cover the gap with your own funds. If this is not possible, you’ll want to consult with your agent to see if there are any other options available to you to save the deal.
The key with appraisals and appraisal contingencies is to understand your budget before you submit the offer. Additionally, in this market, buyers should be prepared to spend additional out-of-pocket expenses to cover an appraisal gap if they are submitting an aggressive offer. One great way to manage this is by stating that you’ll cover an appraisal gap of $X, up to $X amount.
Bottom Line
Most transactions will have some bumps on the road to the closing table. While some of these bumps can cause pending sales to fall through, encountering one doesn’t mean the end of the road. Keep in contact with your trusted real estate agent throughout the entire transaction and let them know if you have any questions or concerns. If you encounter any of these issues, reach out to them and have a conversation. They’ll use all the tools in their arsenal to get you to that closing table.