
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.

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
Author: Dan Brecher

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher
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!