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What Waiving Contingencies Could Mean for Bay Area Buyers

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What Waiving Contingencies Could Mean for Bay Area Buyers

Question: Are there ever situations where you advise waiving contingencies? What are they?

In the Bay Area, where limited inventory and intense competition often lead to multiple-offer situations, buyers frequently compete against offers that waive loan, appraisal, and investigation contingencies. The reality is that a fully contingent offer may have little chance of being accepted.

This creates a difficult balancing act. As brokers, our legal counsel advises us not to recommend that clients waive contingencies because doing so exposes buyers to significant financial risk. Instead, our responsibility is to explain those risks so clients can make an informed decision.

In my Marin County market, buyers who choose to submit a non-contingent offer are typically asked to sign a separate disclosure acknowledging they understand those risks.

The irony is that while we’re focused on protecting our clients, the market often rewards buyers willing to assume more risk. That’s why experience matters. A knowledgeable agent can help a buyer evaluate the disclosures, inspections, financing, and overall strength of the property before deciding whether waiving contingencies is appropriate. This isn’t something that AI can do.

There is no one-size-fits-all answer. Every buyer’s financial position, risk tolerance, and the specific property should drive the decision — not simply the desire to win the bidding war.

Liz was featured in the SF Chronicle for the weekly Real Estate “SoundOff” on Sunday, June 28, 2026, to answer this question. The above is her longer answer to this question.