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Can You Get Your Earnest Money Back After Submitting A Non-contingent Offer?

While waiving the home inspection contingency can make your offer more attractive to sellers, it also increases your risk as a buyer. However, there are a few situations where you might still get your earnest money back even without an inspection contingency:

1. Material Misrepresentation by the Seller:

If the seller knowingly fails to disclose significant issues with the property that were not readily apparent during your initial walk-through, you may have grounds to withdraw your offer and recover your earnest money. This could involve situations like hidden structural damage, unpermitted renovations, or undisclosed environmental hazards.

2. Breach of Contract by the Seller:

If the seller violates any terms of the purchase agreement, you may be able to back out and get your earnest money back. This could occur if the seller fails to make agreed-upon repairs, provide necessary documentation, or meet specific deadlines outlined in the contract.

3. Mutual Agreement to Terminate:

Even without contingencies, both you and the seller can still agree to mutually terminate the contract and return the earnest money. This might happen if unforeseen circumstances arise, such as a job loss or change in personal situation, making either party unable to proceed with the purchase.

It's important to weigh the potential benefits of a stronger offer against the increased risk associated with waiving the home inspection contingency. While getting your earnest money back in certain situations is possible, the process can be challenging and involve legal complexities. Always prioritize protecting your financial interests and seek professional guidance before making any significant decisions during the home buying process.

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