Selling Probate Real Estate in Los Angeles: The Non-contingent Sale
Should You Sell Your Property Without Buyer Contingencies or Take a More Traditional Approach?
A fiduciary is an individual or entity entrusted with the responsibility to act in the best interests of another party. Whether you’ve inherited a house as a successor trustee or been hired or appointed as a professional fiduciary, this guide is for you.
Buyer Contingencies and Standard Sale
Before listing the property for sale, you need to make a crucial decision: Should you sell without buyer contingencies, or should this be a standard sale? Many realtors may advocate for one method over the other, but the truth is, it depends on the property location, conditions, and real estate market cycles. You don’t want to undersell and miss out on financial gains for the beneficiaries.
What Are Contingencies?
In real estate, contractual contingencies are specific conditions or clauses that must be met for the deal to close. Common buyer contingencies include:
- Satisfactory property conditions or inspections
- Document reviews or disclosures
- Appraisal contingency
- Financing or loan contingency
Standard Sale
During a standard sale, these contingencies are satisfied during the escrow period, giving the buyer the right to cancel the deal if any conditions are not met. However, in a non-contingent sale, the buyer has no right to cancel the contract without risking their initial deposit.
Non-Contingent Sale
When an offer is accepted in a non-contingent sale, the buyer delivers a deposit to escrow or directly to the seller. Generally, without a right to cancel, that money is non-refundable.
Caveat Emptor
Buyer Beware?
In California, sellers still have specific statutory obligations regarding property transfer. To protect both the buyer and seller in a non-contingent sale, the key is the preparatory work done before listing the property for sale and opening escrow.
Preparation Is Key
When are you an exempt seller?
Under certain circumstances, a seller can be considered an exempt seller, meaning they are not required to provide certain disclosures typically mandated in a standard real estate transaction. Exempt sellers can include:
- Trust sales
- Probate sales (including conservatorships)
- Foreclosures
- Bank-owned properties
- New home sales by builders
- Transfers between co-owners or family members
Regardless of exempt status, sellers must disclose any known material facts affecting the property’s desirability.
Marketing and Offers
After extensive marketing efforts and achieving exceptional market exposure, we work to obtain the best offer and proceed to open escrow or petition the court for confirmation. Sometimes, counter offers may be necessary to level the playing field.
Benefits of Non-Contingent Sales
Protecting the Seller: This approach protects the seller from having to make decisions that could be challenged by beneficiaries.
Avoiding Request for Repairs: Traditional escrow involves buyers submitting requests for repairs, credits, or price reductions after inspections. By having all potential buyers complete their due diligence beforehand, we avoid this issue.
Shielding from Re-Traders and Wholesalers: Re-traders and wholesalers often submit high offers with no intention of honoring them, aiming to grind the seller down for price reductions during escrow. Our method protects against these tactics.
Why Hire a Pro
Non-contingent sales represent a specialized area of real estate that requires a deep understanding of legalities, market conditions, and meticulous preparation. This approach is not as common as traditional sales and demands a unique set of skills and expertise to execute effectively.

My name is Matias Baker Masucci, and it’s a pleasure to be able to assist you. Remember, as a fiduciary, you have the option to get a second opinion when hiring a real estate professional. Hiring the best person for the job is always a top priority.
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