casemark/contingency-removal

Contingency Removal Form

Drafts a binding form waiving buyer's cancellation rights under specified purchase agreement contingencies, advancing the transaction toward closing.

Required Inputs

1. Executed purchase agreement — contingency clauses, deadlines, section references
2. Party names — full legal names of all buyers/sellers exactly as in the purchase agreement
3. Property ID — street address, legal description, APN
4. Contingencies to remove — specific list with purchase agreement section references
5. Jurisdiction — state and county (for notarization, witness, timing rules)
6. Supporting docs (if available) — inspection reports, loan approval, appraisal results

Document Structure

Header

• Title: "Contingency Removal Form" or "Notice of Removal of Contingencies" (follow local convention)
• Execution date, county, state
• Reference to original purchase agreement (date, parties, document number)

Party Identification

For each buyer and seller: full legal name (character-identical to purchase agreement), role, contact info, agent/attorney name and license number if represented.

Property Description

Must match the purchase agreement exactly: street address, legal description, APN, county.

Contingency Removal Table

| # | Contingency Type | Purchase Agreement Section | Status | |---|---|---|---| | 1 | General home inspection | § ___ | REMOVED | | 2 | Financing/loan | § ___ | REMOVED | | 3 | Appraisal | § ___ | REMOVED |

Common types: general home inspection, pest/termite, roof, financing/loan, appraisal, sale of buyer's home, HOA document review, title review.

For each removed contingency, include explicit waiver language. If some contingencies remain, list them separately marked "REMAINS IN EFFECT."

Effective Date and Timing

• State when removal becomes binding (upon execution, delivery, or stated date)
• Confirm removal falls within purchase agreement deadlines
• Note any conditions precedent to effectiveness

Buyer Acknowledgments

Buyer acknowledges:

1. Understands legal effect of removing contingencies
2. Had opportunity to complete inspections/investigations
3. Proceeds voluntarily with knowledge of property condition
4. Earnest money deposit may be forfeited if buyer fails to close after removal
5. Had opportunity to consult legal counsel

Signature Block

Signature lines for all buyers, seller acknowledgment lines, printed names, and dates. Include notary block if jurisdiction requires or recommends notarization.

Checks

• Name/property consistency — must be character-identical to the purchase agreement
• Section references — every removed contingency must cite its exact purchase agreement section
• Deadline compliance — verify removal is within contractual timeframes before drafting
• Partial removal — if only some contingencies removed, explicitly state which remain active
• Jurisdiction variability — check state-specific form, timing, notice, notarization, and witness requirements; terminology varies ("removal" vs. "waiver" vs. "release")
• Earnest money — always include forfeiture acknowledgment; this is the primary buyer risk
• No legal advice — draft the form but do not advise whether buyer should remove contingencies