The Top Reasons Home Sales Fall Through

Updated September 3, 2020

Whether you're buying or selling a home, uncertainty hangs over every contract: Will the other party uphold their obligations? Will they change their mind? There are many reasons real estate deals fall through, but with a little knowledge and insight, you can increase the chances that your contract leads to a successful closing. Many variables are involved in any real estate deal, such as whether surprises will turn up during a home inspection or if a seller will have second thoughts. But knowing what could go wrong will help you better steer clear of pitfalls. Keep reading to learn how often house contracts fall through.

How often do house contracts fall through?

You might be asking, "how often do contingent offers fall through?" You'll be happy to learn that the vast majority of contracted home sales proceed to close. What percent of home sales fall through after inspection? Not that many, actually. According to Trulia, the percentage of real estate contracts that fall through for any reason, including a bad home inspection, is 3.9%. That means 96.1% of contracts make it across the finish line, which are pretty good odds for any deal. But to further avoid becoming a negative statistic, here are some scenarios to watch out for.

6 common reasons real estate deals fall through:

Real estate contracts usually have contingencies that allow the buyer to back out of a deal under certain circumstances without a penalty. These are not available to the seller, who's locked in once a contract is signed. Below are the contingencies most likely to blow up a deal, and some other possibilities:

1. The buyer's home inspection finds issues with the seller's home.

During the option period, the buyer may hire a home inspector to check out the seller's house. If they find unexpected problems the seller didn't disclose, they can back out. They can also renegotiate the sale price or ask the seller to make repairs. If the seller refuses, the deal can fall through.

2. The buyer's financing falls through.

A mortgage contingency lets the buyer off the hook if they don't get final approval for their home loan. In other words, closing the contract is contingent on the buyer's final loan approval. That's why in a multiple-offer situation, some sellers might accept a lower cash offer instead of a higher offer that's dependent on a buyer's loan approval.

3. The house is overvalued.

An appraisal contingency allows the buyer to back out if an appraisal determines the contract price is higher than the home is worth. In a hot real estate market, it's common for this contingency to be dropped from a contract since buyers are willing to pay more. Where it can still come into play is if the buyer's bank has the property appraised for less than the contract price. In that case, the buyer would have to come up with the difference in cash to close the deal. If they can't, the seller can lower the price, or the deal will be over.

4. The buyer can't sell their house.

With a home sale contingency, the buyer must sell their house first before they can close on their new home. There's a limited time for the buyer to complete the sale of their current home, after which the seller is free to terminate the contract.

5. Either party gets cold feet.

If one of the parties in a real estate contract changes their mind at the last minute, that's typically a breach of contract. A buyer will often give up their earnest money deposit if they back out of the deal, and a seller could sue for damages. If the seller backs out, the buyer could sue for damages or to force the sale to proceed.

6. The seller doesn't have a clear title.

If a title search uncovers a cloud on the seller's title to the property or the existence of liens against the property, the buyer may back out of the deal.

Money the seller will lose:

If a deal with a buyer falls through, the seller stands to miss out on other offers. Once a contract is in place, the seller must close the deal with the buyer — even if they received a more valuable offer after the fact. If the initial contract falls through, that better offer may have already moved on. If the seller is trying to buy another home at the same time, the failure to close on the sale of their current property could also cause them to lose the house they want to buy.

Money the buyer will lose:

If the buyer backs out under a valid contingency, they're entitled to get their earnest money deposit back. If they breach the contract without a valid reason, the seller can keep the earnest money. Earnest money is about 1% to 2% of the home price, and the buyer pays this deposit when they sign the contract. The funds are placed in an escrow account and applied toward the buyer's closing costs when the transaction concludes.

How to prevent a home sale from falling through:

Ideally, both principals in a real estate negotiation will be motivated to close the transaction. When principals and agents deal fairly and honestly with each other from the very beginning, things are less likely to fall apart. Both buyers and sellers need to understand their obligations and follow through with them to make sure everything goes smoothly. For starters, that means that everyone involved needs to sign and submit the required paperwork on time. Buyers can proactively protect their deal from falling through by working closely with their lender to ensure their financials are in order and knowing ahead what they can comfortably afford. For sellers, there are a few things they can do to ensure that a sale goes through. First, disclose any problems with the home upfront and don't attempt to conceal anything. Otherwise, a home inspection will find it and give the buyer cause to reconsider. Sellers should also satisfy any liens and establish a clear chain of title before putting their home up for sale. Finally, sellers should carefully consider a potential buyer's ability to close a deal by finding out if they are pre-approved for a loan or have cash in hand.

The bottom line

Buying or selling a home can be an uncertain process, but most real estate deals go as planned. Contract contingencies can allow buyers to back out under certain conditions. However, contingencies are negotiable when the parties are drafting the contracts.

Frequently asked questions

Why do pending home sales fall through? They often fall through if a buyer exercises a contract contingency, such as a home inspection or home sale contingency. Why would a house be pending for so long? In a contract, the buyer and seller can mutually agree to extend the closing date, usually, if the buyer needs more time for loan approval or pending the sale of their current home. Can a realtor show a house that is pending? Yes. A real estate agent can still show a pending home, as long the seller approves. It's often beneficial for sellers to continue showing the home in case their current contract falls apart. Who pays for a home inspection if the deal falls through? The buyer usually pays for a home inspection no matter what. The inspection is solely for their benefit. What is the difference between sale pending and under contract? A sale that is "under contract" means an agreement has been made between the seller and buyer, but the sale is still subject to contingencies. In a "pending sale," contingencies have lapsed, and the deal is near closing. A pending sale can still fall through if there's an issue with financing or the home inspection.

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