Waiving contingencies can make your offer stand out in Brentwood, but it also raises the stakes. You want to compete without putting your deposit or peace of mind at risk. In this guide, you’ll learn what a non-contingent offer really means in California, the risks to watch, smart ways to protect yourself, and how sellers can evaluate these offers with confidence. Let’s dive in.
What a non-contingent offer means
A non-contingent offer is a purchase offer where you waive one or more standard protections. Common waivers include the loan, appraisal, and inspection contingencies, and sometimes the sale-of-home contingency. In Brentwood’s high-value, multiple-offer environment, this move can make your offer more attractive. The trade-off is simple: more certainty and speed for the seller, more financial and legal risk for you.
How it works in California
Most residential purchases use the California Association of Realtors Residential Purchase Agreement. That contract sets timelines, escrow instructions, and what happens if a party does not perform. In Los Angeles, financed escrows commonly run around a month or more, while all-cash deals can close faster. Your timelines and remedies depend on what you keep or waive.
Common contingencies you might waive
- Loan/financing contingency: protects you if your lender cannot fund.
- Appraisal contingency: protects you if the appraisal comes in below the price.
- Inspection contingency: lets you inspect, request repairs or credits, or cancel based on defects.
- Sale-of-home contingency: ties your purchase to the sale of your current home.
Earnest money and escrow basics
Your earnest money deposit is held in escrow. If you cancel after removing contingencies or miss a contract deadline, you risk losing the deposit. The contract may allow the seller to keep it as liquidated damages, and in some cases the seller could pursue other remedies. Know your removal dates before you sign.
Disclosures still apply
Even if you waive inspection, sellers must still provide required California disclosures, such as the Transfer Disclosure Statement and Natural Hazard Disclosure. Waiving contingencies does not lessen a seller’s duty to disclose known material facts. It does limit your ability to cancel or negotiate after problems surface.
Buyer risks in Brentwood
In Brentwood, competition can tempt you to strip protections. Understanding each risk helps you decide what to keep, what to cap, and how to prepare.
Financing falls through
If you waive the loan contingency and your lender cannot fund, you may be obligated to close or forfeit your deposit. A strong, underwritten pre-approval, a larger down payment, and tight coordination with your lender help reduce this risk.
Appraisal gap
If the appraisal is below the purchase price and you waive that contingency, your lender will not cover the shortfall. You must bring the difference in cash or renegotiate. Some buyers use an appraisal-gap clause that commits to cover a shortfall up to a set amount instead of waiving the contingency entirely.
Hidden defects after closing
Waiving inspection could mean missed issues, like foundation, termite, roof, electrical, plumbing, or moisture problems. In older Brentwood homes, seismic retrofit and drainage can be important. Without an inspection window, you may inherit costly repairs with limited recourse.
HOA, title, and authority checks
For condos or communities with associations, you need time to review HOA documents and financials. Title items, easements, and encumbrances also affect value and use. In trust, probate, or estate sales, you must verify signatory authority and timelines. Removing protections too early can backfire if documents arrive late or reveal issues.
Local property considerations
Brentwood includes older single-family homes, luxury estates, and mid-rise condos. Older systems may need upgrades. Termite and wood-destroying pests are common in Southern California. Privacy and security needs, and occasional celebrity or estate sales, can add complexity that benefits from careful document review.
Ways to reduce risk without losing your edge
You can be competitive without going all-in on risk. Use these tactics to balance speed with protection:
- Get a fully underwritten pre-approval or a near “clear to close” from your lender.
- Show proof of funds for your earnest money and any potential appraisal gap.
- Ask to conduct a pre-offer inspection, or commission targeted inspections like termite, roof, sewer scope, or foundation if allowed.
- Limit waivers. For example, keep termite or roof inspections even if you waive a general inspection.
- Use an appraisal-gap clause with a clear cap instead of removing the appraisal contingency entirely.
- Shorten contingency periods rather than waiving them outright. Seven to ten days for inspections can be competitive and prudent.
- Consult a real estate attorney before waiving major protections on a high-value property.
Strategic variations that keep you competitive
- Partial waivers: Remove general inspection but keep structural or pest protections.
- Appraisal-gap cap: Cover a shortfall up to a specific number to show strength while capping exposure.
- Flexible terms: Offer a shorter escrow or a seller-preferred closing date to add certainty without sacrificing key safeguards.
When a non-contingent offer can make sense
You might consider a non-contingent or partially non-contingent offer when you have a strong cash position, fully underwritten financing, and deep comfort with the property condition. In a multiple-offer situation, these offers can rise to the top because they reduce the seller’s uncertainty. That said, only do so when you clearly understand the risks and have funds to bridge an appraisal gap and handle repairs.
Seller perspective: evaluating non-contingent offers
Sellers prize certainty. A non-contingent offer can mean fewer requests for repairs, a shorter escrow, and a more predictable path to closing. Even so, vet the buyer’s ability to perform.
What to request
- Proof of funds and lender documentation that supports the offer.
- Confirmation of underwriting status if the buyer waived loan or appraisal protections.
- A larger earnest money deposit or shorter removal periods in a counteroffer if appropriate.
- Standard disclosures as usual. Waivers do not remove your disclosure duties.
Red flags to watch
- Vague pre-approvals without underwriting.
- A buyer who will not show funds to cover a potential appraisal gap.
- Unrealistic timelines that do not align with title, HOA, or probate requirements.
Real-world scenario snapshots
- Cash with no contingencies: You offer cash, no inspection or appraisal contingency, and a fast close. This can be the strongest position with the highest risk of post-closing surprises. It may win in a crowded field, but you own all repair risk.
- Financed with appraisal-gap cap: You keep a brief inspection window and agree to cover an appraisal shortfall up to a fixed amount. You show strong funds and a near-final loan approval. This balances competitiveness with defined risk.
- Financed with shortened contingencies: You retain inspection and appraisal protections but compress timelines. You signal speed and seriousness while keeping essential safeguards.
Buyer checklist for Brentwood
- Secure an underwritten pre-approval or near “clear to close.”
- Prepare proof of funds for the deposit and any appraisal gap.
- Ask for a pre-offer inspection or targeted inspections if allowed.
- Decide what to keep: termite, roof, sewer, or structural checks are common.
- Consider appraisal-gap language with a clear cap.
- Coordinate with your lender and agent on realistic timelines.
- Speak with a real estate attorney before major waivers on high-value homes.
Seller checklist for Brentwood
- Request buyer proof of funds and lending documentation.
- Confirm underwriting status if contingencies are waived.
- Consider counters for higher deposits or shorter removal periods.
- Provide all required disclosures on time.
- Align timelines with title, HOA, trust, or probate requirements.
Final thoughts
A non-contingent offer can unlock a win in Brentwood’s competitive market, but it is never one-size-fits-all. Your best path is to pair strong financial positioning with targeted protections and clear caps on risk. With the right strategy, you can stand out while safeguarding your investment.
If you are weighing a non-contingent or partially non-contingent path, connect with a trusted local advisor who knows Brentwood’s nuances, from older systems and seismic factors to HOA reviews and complex estate sales. For principal-level guidance and discreet representation, reach out to Joy Denton to map the right offer strategy for your goals.
FAQs
What is a non-contingent offer in California?
- A non-contingent offer waives one or more standard protections, such as loan, appraisal, or inspection contingencies, increasing a seller’s certainty while raising your risk.
Which contingencies do Brentwood buyers most often waive?
- Buyers most often consider waiving or shortening loan, appraisal, and inspection contingencies, and sometimes the sale-of-home contingency in multiple-offer situations.
How risky is waiving the appraisal contingency in Brentwood?
- If the appraisal is low, you must bring extra cash or risk losing your deposit; many buyers use an appraisal-gap cap to limit exposure instead of fully waiving.
Can I waive inspection and still protect myself?
- You can request pre-offer or targeted inspections (termite, roof, sewer, foundation) or keep limited protections while presenting competitive terms.
What should a seller ask for with a non-contingent offer?
- Sellers should request proof of funds, lender underwriting details, and may seek larger deposits or shorter timelines while still providing all mandatory disclosures.
What happens to my earnest money if I remove contingencies and cancel?
- If you cancel after removing contingencies, you risk forfeiting your earnest money under the contract’s liquidated damages and remedy provisions.
Are there Brentwood-specific issues that make waivers risky?
- Older systems, seismic retrofit needs, termite exposure, HOA reviews for condos, and trust or probate structures can add complexity that calls for careful due diligence.
What are safer alternatives to a fully non-contingent offer?
- Consider shortened timelines, partial waivers, appraisal-gap caps, flexible closing dates, or stronger deposits to compete without removing every protection.
