A mortgage contingency clause is a provision in the home purchase contract that stipulated that if the prospective buyer can not get a mortgage within a fixed period of time, this prospective buyer will be able call the whole deal off. In other words, the agreement is conditional on the buyer being able to obtain a mortgage on the property.
Be careful when dealing with contingency clause. Any real estate officer or loan officer will tell you that there is no universal standard mortgage contingency clause. The seller would prefer that the sale close no matter how high the interest rate and how awful the terms the mortgage carries for the buyer. But the buyer wants to be sure that if he cannot get the mortgage he is counting on, such as one with 90% financing on a 30-year loan, the mortgage at no more than a specific rate, he can stop the transaction and recover the down payment. Both the buyer and the seller need to get some security about the deal to happen. The seller may be too concerned that the buyer is leaving the transaction too uncertain. Therefore these provisions are often negotiated.
General contingency clauses are very often to a contract. You can find appraisal clause stipulating that the sale is conditional to a certain amount of the value of the house. House inspection clause stating contingencies that deal with the presence of insect and other toxic substances or with the tests to verify that a septic system or well is functioning properly. You will find thousands of contingencies clause. Everything comes down to your ability to bargain and deal with the seller. But the hardest to bargain is the mortgage contingency clause on the ground that it affects directly your financial commitment.
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