What does it mean to be “out of contract” in a home sale?

Is your indecision putting you out of contract? Worried looking woman with laptop computer.Every region of the country has some unique real estate vocabulary and phrases.  Here, in Silicon Valley, when we say “you’re out of contract“, it’s another way of saying “you are not doing what you promised to do in the purchase agreement that you signed” (meaning the real estate contract).  In other words, there is a seller or buyer default happening.

“Out of contract” is not a legal term. I remember hearing a local real estate educator say “there’s no such thing”. It’s not an official status. But it is a way of describing behavior that’s not in alignment with the contract’s express promises.

Contractual “Save the Dates”

Both sellers and buyers make promises to do certain things and most of these promises are tied to time frames or dates.  Here are a few of these time-sensitive promises or contractual obligations:

  • sellers agree to leave the utilities on until close of escrow
  • sellers promise to maintain the home until close of escrow as it was on the day the property went into contract (so mow the lawn, water it etc.)
  • buyers assert that they will get their initial deposit to title within a set number of days (the California Association of Realtor’s form states 3 business days or provides a blank to fill in an alternate number – it’s often 1 business day here)
  • buyers promise to remove contingencies within the times they stipulated in the offer
  • sellers will move out in according to the date set out in the contract
  • indecision over material facts or between buyers may make it hard to decide whether or not to remove any contingencies
  • buyers agree to take possession (move in) per the time/day agreed to in the purchase agreement (not before)
  • sellers bind themselves to having repairs done in a certain manner (depends on contract and clauses, if promised)

At one time or another, I have seen all of these items not adhered to by the parties who were supposed to make good on their word, and stranger violations that I don’t want to write about here lest I give someone a bad idea. I have seen sellers not move out on time (in some cases, elderly sellers who grossly misjudged the effort required to vacate.)  The failure to do so causes stress and anxiety, and sometimes worse: fear and anger.

Out of Contract: Why the Delay?

Sometimes, when either party is consumed with worry, a kind of emotional paralysis can set in. Luckily that is rare, but I have seen it. Buying and selling a home is extremely stressful, and once in awhile it coincides with other things: the death of a family member, a diagnosis of cancer, a divorce, a relocation that one party doesn’t want. So many things can happen at the same time. You may have heard the saying that “a confused mind says no”. With real estate, the confused mind doesn’t write or accept an offer, or doesn’t move forward as planned.

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Sell Your Home in 2021

Sell your home in 2021 - it is a great time to sellAre you thinking that you might want to sell your home in 2021? If so, you may be wondering how Covid-19 will impact the marketing and sale of your property. It’s stressful to sell in normal times, but during a pandemic it’s a whole new level of concern.

 

How hard will it be to sell your home in 2021?

 

The short answer is that it’s a lot easier to sell a home for top dollar right now because there’s a dire shortage of inventory. I know, we’ve been saying that for years, but it has only gotten worse since 2013 when it started feeling scant. The odds are that it will stay that way for at least the next six months or so, and perhaps longer. The months of inventory is a rock solid statistic that displays how quickly the inventory of available homes is absorbed. (If no new inventory were to come on the market, but sales continued at the same pace, how long would it take for the available inventory to all be bought? That’s the question being answered.)

The flip side of this, of course, is that if you are planning to sell one home and buy another, it’s no slam dunk since there are many multiple offers. But for the selling half, it’s amazing.

Here are the numbers from 2014 to now:

 

Months of Inventory - Santa Clara County Single Family Homes

 

 

I did spot check pre-2014. Our numbers go back to 2003 on the MLS. Except for November 2017, no other Novembers were below 1 month. November 2007 was the worst at 9.8 months of inventory.

In other words, it doesn’t get any better than this in terms of the odds of selling.

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