December 4, 2025
Seeing a home marked “Contingent” in Ballston Spa and wondering if it is still in play? Or maybe you are about to write an offer and keep hearing about contingencies and timelines. It can feel like there are a lot of moving parts, especially in a market where every day matters. In this guide, you will learn what a contingent offer really means, which protections matter most in Saratoga County, and how to use them without hurting your position. Let’s dive in.
A contingent offer means the seller and buyer have a signed agreement, but certain conditions must be met before the sale is final. Many local listings move to an MLS status of Contingent once the seller accepts an offer and the contract includes outstanding conditions.
In New York, it is common to have a short attorney review period early in the process. During this period, which is often 48 to 72 hours, either party’s attorney may request changes or cancel. After attorney approval, the contract proceeds while contingencies are satisfied, waived, or expire.
Local market conditions in Ballston Spa and the greater Capital Region influence how sellers respond to contingencies. When inventory is tight, sellers often prefer shorter timelines and fewer risks. When supply is more balanced, standard periods are more common. The specific terms you negotiate will reflect current demand and your risk tolerance.
An inspection contingency lets you inspect the home and request repairs or credits, or cancel if there are material issues. The typical window is 5 to 14 days from acceptance, and you can add specialized checks like septic, well, chimney, roof, radon, or lead paint testing for pre‑1978 homes.
In and around Ballston Spa, many homes are older, and private septic and well systems are common. That makes specialized inspections especially valuable. A shorter inspection window can help your offer stand out while still protecting you from expensive surprises.
A mortgage, or financing, contingency protects you if you cannot obtain a loan on agreed terms. Many buyers use a 30 to 45 day window to secure a loan commitment. This period is tied to underwriting and appraisal timelines set by your lender.
New York contracts should define what “unable to obtain financing” means. Strong pre‑approval letters and clear lender communication make a big difference, especially when you request shorter financing periods.
An appraisal contingency ensures the property appraises at or above the purchase price. If the appraisal comes in low, the contract should state your options. You might renegotiate, pay the difference, or cancel, depending on your agreement.
In competitive scenarios, some buyers waive this contingency or add an appraisal gap clause that commits them to cover a set amount above the appraised value. This can strengthen your offer but increases your financial risk.
Title and survey reviews confirm the property can be conveyed free of title defects and that boundary lines and easements are acceptable. Your attorney typically reviews the title commitment while the lender processes your loan. If issues arise, you may negotiate solutions or terminate per the contract terms.
Private wells and septic systems are common in Saratoga County. A septic inspection, and well water testing for potability and flow, are often included. Some municipalities have specific rules for inspections or permits at transfer, so it is smart to check local requirements.
Because repairs or replacements can be costly, many buyers keep these protections in place, even if they shorten other timelines to stay competitive.
A sale‑of‑home contingency makes your purchase dependent on selling your current home. This clause varies widely and usually includes deadlines for going under contract and closing your sale. In a multiple‑offer situation, sellers may push back on this contingency or require shorter timeframes and strong proof of financing.
New York contracts often include attorney review for the first 48 to 72 hours. During this time, attorneys can modify or cancel. It is a distinct step in our region and affects how “final” a contingent acceptance feels early on.
You may also see contingencies for insurance availability, condo or co‑op board approval, municipal certificate or CO checks, and federal lead‑based paint disclosure compliance for pre‑1978 homes. Your agent and attorney can help you decide which to include based on the property’s age, type, and location.
Here are common ranges. Your contract controls the actual dates.
You do not have to choose between full protection and no protection. You can tailor your strategy.
You include a 10 day inspection contingency. The inspection reveals a failing septic drain field. The seller offers a credit, and you negotiate repairs and timing before closing. Without the contingency, you could face a costly replacement and permitting process on your own.
You set a 30 day mortgage contingency and get loan commitment on day 28. The appraisal returns low on day 34. If your contract ties appraisal to the mortgage contingency, you can negotiate price, cover the gap, or cancel per the terms. If you had shortened the commitment period too aggressively, you might have had fewer options.
In a competitive week, the seller receives multiple offers. You shorten your inspection to 5 days and provide a strong pre‑approval, but keep a 30 day financing contingency. The seller chooses your offer over another with a waived inspection but weaker financing. The balanced approach won.
If you are buying, decide which protections matter most based on the property type and your budget. Dial in your timelines, coordinate with your lender, and prepare to move quickly during attorney review and inspections. Bring any questions about septic, well, or historic requirements to your agent and attorney as soon as you write the offer.
If you are selling, set clear expectations before listing. Decide how you will evaluate offers with different contingencies, deposits, and close dates. A slightly lower price with fewer outs may deliver more certainty than a higher price that is likely to re‑enter the market.
When you want experienced guidance tailored to Ballston Spa and Saratoga County, connect with Rebekah O'Neil. Her local knowledge, patient advocacy, and practical property insight help you strike the right balance between protection and competitiveness.
Get assistance in determining current property value, crafting a competitive offer, writing and negotiating a contract, and much more. Contact me today.