Can Buyers Use Financing Contingencies in a Probate Sale?

Under full authority, financing contingencies are allowed, and buyers can purchase a probate home with a normal mortgage and loan contingency. That is one reason full-authority sales attract a wider buyer pool.

In a court-confirmed sale, financing contingencies are generally not approved. The court expects the buyer to be fully qualified and ready to close, and often requires a substantial nonrefundable deposit. Financed buyers can still participate, but their loan needs to be effectively locked and their contingencies removed before the confirmation hearing. Cash buyers have an edge in confirmation sales for this reason. We help buyers structure offers that will actually survive the court process.