
Jesse M. Dimitro
Senior Associate
212-390-1641 jdimitro@sh-law.comFirm Insights
Author: Jesse M. Dimitro
Date: March 5, 2025

Senior Associate
212-390-1641 jdimitro@sh-law.com
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and the potential legal and financial consequences.
Contingencies are certain conditions that must be satisfied in order for a real estate transaction to proceed. They protect the buyer’s earnest money deposit because until the contingency is satisfied, the buyer can cancel the deal and get their deposit back. The most common contingencies include: financing contingency, appraisal contingency, and a title contingency.
The buyer initially determines which contingencies (if any) to include in the offer. The seller can accept the offer or make a counteroffer that removes a contingency or alters the contingency period. A contingency date is the deadline specified in the purchase and sale agreement by which the buyer must waive or satisfy the specified condition.
When a buyer submits a non-contingent offer, they agree to waive some or all contingencies and assume the risk and liability that may result. For instance, a mortgage contingency allows a buyer to cancel a purchase and sale agreement without losing money if they are unable to secure sufficient financing.
There are several reasons why a buyer would make an offer without contingencies. Below are some of the most significant:
While non-contingent offers can be appealing, they come with significant risks. Below are a few to consider:
For sellers, no-contingency offers are very attractive. Nonetheless, it is important to verify that buyers making a non-contingent offer have sufficient funds for a down payment or the entire purchase price, particularly when making an all-cash offer or an offer waiving a financing contingency.
For buyers who can afford to risk their deposit and absorb any other costs of cancelling the contract, a non-contingent offer may make sense, particularly in a seller’s market. If not, buyers should seriously consider the risks and benefits. There may also be other options —experienced real estate attorneys can often negotiate a deal that is attractive to the seller, but still offers legal protections.
Whether you are looking to buy or sell a property, the best course of action is to seek the assistance of seasoned professionals. At Scarinci Hollenbeck, our experienced real estate attorneys are intimately familiar with the New York City real estate market. We can help negotiate a deal that accomplishes your goals, while also safeguarding your legal rights.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]
Author: Dan Brecher

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!