The pressure to waive contingencies is real. In competitive Phoenix metro markets, listing agents routinely tell buyers that the winning offer had no inspection contingency, no appraisal contingency, and waived the loan period. Some of that is true. Much of it is negotiating theater. What never gets explained clearly is exactly what you're giving up when you waive each contingency — and what you can do instead that wins the offer without recklessly exposing your earnest money.
This guide explains every major contingency in the Arizona purchase contract, what waiving it actually means under Arizona law and the AAR contract, when waiving makes sense, and the tier-by-tier competitive strategies Ryan Moxley uses in real transactions to win offers for buyers without unnecessary risk.
What Is a Contingency and Why Does Waiving It Matter?
A contingency in a real estate purchase contract is a condition that must be satisfied (or waived) for the contract to become binding. If a contingency condition is not met and the buyer timely exercises their right to cancel under that contingency, the contract terminates and the earnest money deposit is returned to the buyer.
Contingencies serve one fundamental purpose: they give buyers a contractual exit with earnest money protection. When you waive a contingency, you're removing that exit — committing to purchase the property regardless of what that contingency might have revealed or protected against.
Sellers prefer fewer contingencies because each one represents a potential off-ramp for the buyer. A no-contingency offer gives the seller near-certainty that the sale will close. That certainty has real value — and sellers in competitive markets will often accept a slightly lower price in exchange for a cleaner, lower-contingency offer. This is the legitimate, rational reason buyers waive contingencies: they're trading safety margins for competitive edge.
The question is never "should I waive contingencies?" in the abstract. The question is: "Which contingencies can I safely waive, given my specific financial position and what I already know about this property?" That is the question this guide answers.
THE ARIZONA PURCHASE CONTRACT (AAR)
All contingencies discussed in this guide operate within the Arizona Association of REALTORS® (AAR) Residential Purchase Contract — the standard form used in virtually all Arizona residential transactions. Ryan Moxley uses the current version of this contract in every transaction. The specific language of each contingency, the deadlines, and the notice requirements are all defined in the AAR contract. If you're buying in Arizona, this is the document that governs your rights.
Arizona's Three Core Buyer Contingencies — In Depth
The inspection period is the buyer's most powerful protection. During this window (typically 10 days from contract acceptance), the buyer can order any inspections they choose: general home inspection, termite/WDO inspection, pool/spa inspection, roof inspection, sewer scope camera inspection, HVAC specialist inspection, foundation/structural engineer, mold testing, radon testing, and more.
By the Day 10 deadline, the buyer submits the BINSR form choosing one outcome: (1) accept the property as-is, (2) request repairs, (3) request a seller credit, (4) request a price reduction, or (5) cancel and receive a full earnest money refund. The seller has 5 days to respond.
What "waiving" means: The buyer purchases the property as-is with no formal inspection period. If defects are discovered after closing — a failing HVAC unit, a cracked foundation, undetected termite damage — the buyer has no recourse through the purchase contract. Note: The seller is still legally required to provide the SPDS (Seller Property Disclosure Statement, ARS §33-422) even when the inspection period is waived. Knowingly concealing material defects on the SPDS remains legally actionable even with an as-is clause.
The appraisal contingency protects the buyer when the property does not appraise at or above the purchase price. Arizona is a non-disclosure state — sale prices are not publicly recorded, so lender appraisers rely on MLS comparable data, which can sometimes lag in fast-moving markets. Appraisal gaps are most common when buyers overbid on a competitive property.
When the home appraises below the contract price, the buyer has three options under the standard AAR contract: (1) request the seller reduce the price to appraised value, (2) pay the "appraisal gap" out of pocket (covering the difference between appraised value and purchase price in addition to the normal down payment), or (3) cancel and receive the earnest money refund.
Financed buyers: Your lender calculates your loan amount against the appraised value, not the contract price. If you offer $615,000 and the home appraises at $580,000, your lender at 80% LTV will loan $464,000 — against $580,000. You need your standard $116,000 down payment PLUS a $35,000 appraisal gap in cash. This is why waiving the appraisal contingency without cash reserves is genuinely dangerous.
Cash buyers: Appraisal contingency waiver is lower risk — there is no lender requirement, and cash buyers simply need to believe the property is worth the price they're paying. Many sophisticated cash buyers still get appraisals for their own information but don't need the contractual protection.
Appraisal Gap Coverage: A preferred middle-ground strategy — the buyer commits in writing to cover the gap between appraised value and purchase price up to a specified amount (e.g., "Buyer will cover appraisal gap up to $25,000"). This is better than full waiver because it caps your exposure. Most appraisal gaps in Phoenix metro for mid-range homes run $10,000–$40,000 — so a $25,000 gap commitment covers the vast majority of scenarios while protecting you from catastrophic gaps.
The loan approval contingency gives the buyer the right to cancel and receive earnest money if their mortgage is formally denied — not just not approved yet, but denied after full underwriting review. This is a critical distinction. A pre-approval letter means a loan officer has reviewed your application and income documentation at a surface level. Full underwriting denial comes after the underwriter reviews appraisal, title, employment verification, tax transcripts, and all supporting documentation.
Most financing failures happen at the underwriting stage — undisclosed debt, employment verification discrepancy, title issues, condo association ineligibility, or HVAC/roof issues that affect property condition ratings for FHA or VA loans.
What "waiving" means: If the buyer waives the loan contingency and the loan subsequently fails to fund, the buyer cannot cancel under this contingency. The earnest money is fully at risk, and in many cases the seller can claim additional breach of contract damages beyond the earnest money. This is the most dangerous contingency to waive without iron-clad assurance your loan will close.
Who can safely waive: (1) Cash buyers — obviously no loan needed. (2) Buyers who have completed full loan pre-underwriting (not just pre-approval) before writing the offer — where the file has been reviewed by an underwriter and only the property appraisal and title remain. This reduces the effective approval timeline to 2–5 days. (3) Buyers with enough liquid assets to purchase cash if the loan fails at the last moment — essentially using the loan as convenience financing but having the backup available.
Additional Arizona Purchase Contract Contingencies
HOA Document Review Period
Under ARS §33-1806, when purchasing a property in an HOA, the seller must provide the buyer with the HOA's governing documents (CC&Rs, bylaws, rules and regulations), current budget, reserve study, and disclosure of any pending assessments or litigation. Arizona law provides a standard 5-day review period after receiving the HOA package — the buyer can cancel and receive earnest money during this window if they object to the HOA documents.
This is a lower-stakes contingency for most buyers since HOA documents are reviewed, not inspected. However, critical issues can appear: pending special assessments (sometimes $5,000–$25,000 per unit for major repairs), CC&R restrictions that conflict with the buyer's intended use (pets, home-based businesses, short-term rentals), underfunded reserves indicating future special assessment risk, or ongoing litigation that could affect property values and insurance.
Phoenix metro HOA note: Under ARS §9-500.39 (SBAR), Arizona preempts local short-term rental bans — but HOA CC&Rs can still restrict STRs. If you plan to rent via Airbnb or VRBO, verify STR allowance in the CC&Rs before waiving the HOA review period.
Title Review Period
After the preliminary title commitment is received (typically within 5–10 days of contract acceptance), the buyer has a review period to object to title exceptions. Most title issues are standard (easements, utility rights-of-way, subdivision plat restrictions) and are routinely accepted. However, some title issues are material: undisclosed liens, boundary disputes, IRS tax liens, mechanics liens from prior contractor work, or unclear chain of title. Ryan Moxley reviews every title commitment for clients and flags anything non-standard.
The SPDC / SPDS — Not Technically a Contingency, But Critical
The Seller Property Disclosure Statement (SPDS) required under ARS §33-422 is not itself a contingency, but it interacts critically with the inspection period. The SPDS requires sellers to disclose all known material defects in writing. Even if a buyer waives the inspection period, the seller's SPDS obligations remain. Failure to disclose known material defects on the SPDS is actionable as fraud or negligent misrepresentation regardless of any as-is clause in the purchase contract.
The practical implication: buyers who waive inspections but receive an SPDS with undisclosed defects may still have legal recourse after closing — but pursuing that recourse is expensive, time-consuming, and uncertain. It's always better to inspect than to rely on post-closing litigation.
The Arizona Statutes That Govern Contingencies and Disclosures
KEY ARIZONA REVISED STATUTES — BUYER PROTECTIONS IN REAL ESTATE TRANSACTIONS
What's Actually at Risk: Earnest Money in Arizona Transactions
Understanding exactly when your earnest money is protected — and when it isn't — is fundamental to understanding contingency strategy. Here's the clear breakdown.
Standard Earnest Money in Phoenix Metro (2026)
- Entry-level to mid-range ($300K–$800K): Typically 1–2% of purchase price
- Upper-mid range ($800K–$1.5M): Typically 2–3%
- Luxury ($1.5M+): Often 3–5% or higher; sometimes negotiated flat amounts
- New construction: Builder-specific; often 3–5% with non-standard refund terms
On a $600,000 home at 2% earnest money, you have $12,000 at risk. At 3%, it's $18,000. On a $1,000,000 home at 3%, it's $30,000. These are not trivial sums — and they are what you're putting on the table when you waive contingencies without proper protection.
FULLY PROTECTED
CONTINGENTLY AT RISK
LOST + POSSIBLE MORE
The BINSR Deadline Is the Most Critical Date in Your Transaction
Real estate attorneys in Arizona consistently identify the BINSR deadline as the single most consequential date for most buyers. Once it passes without a timely cancellation notice, the buyer has lost the inspection contingency — and the earnest money is no longer protected by that provision. Agents who let BINSR deadlines slip without buyer notice have created real liability. Ryan Moxley tracks every deadline in every transaction with redundant calendar reminders for clients.
What Arizona Inspectors Find — The Issues That Make Waiving Dangerous
One reason Ryan Moxley is particularly adamant about pre-inspecting before waiving the BINSR period: Arizona has a specific set of common defects that are expensive and that buyers from other states often don't anticipate. These are the issues that make as-is offers genuinely risky without prior information.
R-22 Refrigerant HVAC
R-22 (Freon) was phased out January 2020. Units older than 10–15 years may contain R-22. Recharging is impossible — only full HVAC replacement resolves this. Replacement cost: $8,000–$16,000 per unit. In AZ, homes often have 2+ units.
Post-Tension Slabs
Extremely common in Phoenix metro (1980s–2000s). Contain tensioned steel cables. NEVER drill into a post-tension slab without engineer approval. Cannot be modified or cut. Inspectors identify these; buyers must understand the limitation before closing.
Stucco Water Intrusion
Stucco water intrusion at window frames, pipe penetrations, and electrical boxes is a top AZ inspection finding. Can lead to mold, wood rot, and structural damage behind the stucco. Often not visible from exterior. Requires probe inspection.
Zinsco / FPE Electrical Panels
Federal Pacific (Stab-Lok) and Zinsco panels are documented fire hazards. Common in 1960s–1980s Arizona homes. Homeowners insurance carriers often refuse coverage or require panel replacement at closing. Replacement: $3,500–$6,500.
Caliche Layer
Hard calcium carbonate layer below soil surface. Impacts excavation costs significantly if the buyer plans any below-grade work (pool addition, irrigation, landscaping). Varies by depth; engineers can test. Not generally a deal-breaker but affects improvement costs.
Pool Barrier / Safety Code
ARS §36-1681 requires pool barriers meeting specific height and gate-latching standards. Older pools may not comply. Non-compliant pools may require buyer to install compliant barriers as a condition of sale, especially in FHA transactions.
Roof Condition (Tile & Flat)
Two-piece clay/concrete tile is common in AZ; lifespan 50+ years but underlayment degrades at 20–25 years (costly to replace: $15,000–$35,000). Flat roof systems on AZ patios and additions fail faster and require dedicated inspection.
Sewer Line Condition
Sewer scope camera inspection ($250–$400) is strongly recommended, especially in homes built pre-2000. Clay tile sewer lines deteriorate and tree root intrusion is common. Sewer line replacement: $8,000–$25,000 depending on depth and location.
Termite / WDO Inspection
Arizona — particularly the Phoenix metro — is Termite Zone 1, the highest risk zone for subterranean termites. Sellers are required to provide a termite report within 90 days. Active infestations and treatment obligations must be disclosed. Damage can be extensive.
No State Inspector Licensing
Arizona does NOT license home inspectors. Always verify ASHI (American Society of Home Inspectors) or InterNACHI (International Association of Certified Home Inspectors) credentials. Not all home inspectors are equally qualified — ask for credentials before hiring.
Every Arizona Contingency: Duration, Risk, and Ryan's Recommendation
| Contingency Type | Standard Duration | EM Refundable During? | Risk if Waived | Safe to Waive? | Condition for Safe Waiver | Ryan's Recommendation |
|---|---|---|---|---|---|---|
| Inspection Period (BINSR) | 10 days (standard) | Yes — fully refundable | HIGH — unknown defects; no recourse after closing | With conditions only | Pre-inspect before offer; get full inspector report first | SHORTEN to 5–7 days (don't waive blind) |
| Appraisal Contingency | Tied to loan period | Yes — if appraisal low and buyer cancels timely | HIGH — buyer must cover gap or lose EM | Cash buyers: Yes. Financed: use gap coverage instead | Cash buyer; or gap coverage limit committed in writing; or confirmed reserves | APPRAISAL GAP COVERAGE ($20K–$35K) — not full waiver |
| Loan Approval Contingency | 21–30 days | Yes — if loan formally denied and buyer cancels timely | CRITICAL — loan failure = EM loss + possible breach damages | Only with full pre-underwriting or cash backup | Complete pre-underwriting before offer; or have cash alternative available | KEEP — or do full pre-underwriting to shorten to 5 days |
| HOA Document Review | 5 days after receipt | Yes — during 5-day window | MEDIUM-LOW — review is informational; issues are usually known | Usually yes, after reviewing HOA summary | Request HOA summary before offer; confirm no pending assessments or litigation | REVIEW before offer if possible; waiving is lower risk than inspection waiver |
| Title Review Period | 5–10 days after title commitment | Yes — during review window | LOW-MEDIUM — most title issues are standard; rare material issues | Generally yes — standard exceptions are routine | Standard easements and plat restrictions are acceptable; unusual liens or clouds are not | REVIEW title commitment carefully; waiving standard title exceptions is fine |
| Termite / WDO Report | Within inspection period | Yes — within inspection period | MEDIUM — Arizona Termite Zone 1; active infestations are expensive | Only if termite report is current and clean | Seller-provided termite report within 90 days; no active infestation disclosed | ALWAYS review current termite report before waiving |
| Pool / Spa Inspection | Within inspection period | Yes — within inspection period | MEDIUM — pool equipment failures, barrier non-compliance, plaster condition | Only after pool specialist inspection | Pool inspection completed; equipment condition assessed; barrier code verified | ALWAYS inspect pool separately; general inspectors miss pool equipment issues |
| SPDS Review (Seller Disclosure) | Delivered during inspection period | Yes — can cancel during inspection period if SPDS reveals issues | MEDIUM — concealed defects still actionable; but suing is expensive | Cannot truly "waive" — seller obligated to provide regardless | ARS §33-422 requires SPDS delivery regardless of as-is clause; fraud/misrep survives waiver | ALWAYS read the SPDS carefully; it is the seller's legal statement about the property |
Source: AAR Residential Purchase Contract (current version), Arizona Revised Statutes, Ryan Moxley transaction experience 2015–2026. Risk ratings reflect typical Phoenix metro scenarios. Individual transactions vary significantly — consult with Ryan Moxley before waiving any contingency.
How to Win in Competitive Arizona Markets Without Reckless Waivers
The fundamental error most buyers make in competitive markets is treating contingency waivers as the only tool available to win offers. They're not — and they're often not even the most effective tool. Here is Ryan Moxley's tiered approach to competitive offers in the Phoenix metro, ranked by seller appeal vs. buyer risk.
- Pre-inspection before writing the offer. Hire an ASHI/InterNACHI-certified inspector to inspect the property before you make the offer. Get the full report. Then submit an offer waiving the formal BINSR period — you have the information, the seller gets the certainty. Cost: $400–$600. Time: 2–3 hours. This is Ryan's single favorite competitive move — it genuinely wins offers and protects buyers simultaneously.
- Shorten inspection period to 5–7 days (instead of standard 10). You still inspect, but you give the seller a faster certainty window. The seller only has to wait 5 days instead of 10 to know whether the deal holds. Combine with a pre-scheduled inspector for Day 1–2 and a rapid turnaround. The seller sees momentum.
- Full loan pre-underwriting before offer. Work with a lender who will put your complete file through underwriting before you write an offer. The file gets reviewed by an actual underwriter — not just a loan officer. When you're under contract, only the appraisal and final title remain. This reduces the effective loan approval window from 21–30 days to 5–7 days. Many sellers respond to this the same way they respond to a loan contingency waiver, because the risk profile is almost as clean.
- Appraisal gap coverage ($20,000–$35,000). Commit in writing to cover the appraisal gap up to a specific amount. On most Phoenix metro homes, appraisal gaps (when they occur) run $10,000–$35,000. By committing gap coverage, you've addressed the seller's main concern about a financed appraisal without putting yourself at risk for catastrophic gap scenarios.
- Local lender with 21-day close commitment. Sellers prefer local lenders who answer their phones, know the Arizona market, and have a track record. A letter from a national online lender generates less confidence than a commitment from a local Phoenix metro mortgage professional Ryan Moxley has worked with on dozens of transactions.
- Full appraisal contingency waiver. Appropriate only when (a) you are a cash buyer, OR (b) you have verified sufficient cash reserves to cover a worst-case appraisal gap, OR (c) you have done your own comparable sales analysis and are confident the price reflects or is below market value. In stable Phoenix metro price environments, most homes appraise — but in fast-moving micro-markets, gaps of $30,000–$70,000 can occur and should be planned for.
- Escalation clause up to a ceiling. Include an escalation clause that automatically beats competing offers by a set increment (e.g., "$2,000 above any verified offer") up to a maximum price you're comfortable with. This eliminates the "bid against yourself" problem while giving the seller maximum value. Note: some sellers dislike escalation clauses; Ryan assesses seller preference before including one.
- Large earnest money (3–5% of purchase price). More than doubling the standard earnest money signals serious intent and financial capacity. On a $600,000 home, moving from 1% ($6,000) to 3% ($18,000) earnest money signals meaningful commitment and gives the seller comfort that the buyer has skin in the game. This should be combined with — not substituted for — actual contingency protection.
- Seller leaseback (post-closing possession agreement). Offer to let the seller stay in the home for 30–60 days after closing at minimal cost (or free). This can be worth $2,000–$5,000+ in seller convenience and is often more valuable than a higher purchase price — particularly for sellers who haven't yet found their next home. This costs the buyer very little but can be decisive in a competitive situation.
- Flexible close date aligned with seller timeline. Ask the listing agent what the seller's ideal timeline is and offer to match it. Sellers who need 45 days to close prefer buyers who can accommodate that timeline over buyers who insist on 21 days. This costs the buyer nothing and removes a friction point.
- Full inspection contingency waiver WITHOUT pre-inspection. Only appropriate when the buyer has a specific technical background (contractor, licensed inspector, engineer) who has personally evaluated the property and has the expertise to assess AZ-specific risks (post-tension slabs, stucco intrusion, HVAC refrigerant). Even then, buyers should document their self-inspection reasoning.
- Full loan contingency waiver without pre-underwriting or cash backup. This is the most dangerous move available to a buyer. Ryan Moxley has seen this strategy result in buyers losing $15,000–$30,000 in earnest money when financing failed at the underwriting stage after the loan contingency was waived. The only appropriate scenario is when the buyer genuinely has cash to close if the loan fails.
- Waiving all contingencies simultaneously without any preparation. The nuclear option — waiving inspection, appraisal, and loan contingencies simultaneously, without pre-inspection, without pre-underwriting, and without cash backup. This is occasionally done by sophisticated investors who are buying distressed properties at significant discounts and have fully priced in the unknown risk. For owner-occupant buyers purchasing at or above market value, this approach is how buyers lose significant sums of money. Ryan Moxley will not recommend this strategy except in extremely specific circumstances.
THE PRE-INSPECTION MOVE IS RYAN'S TOP RECOMMENDATION IN COMPETITIVE MARKETS
In Ryan's experience across hundreds of competitive Phoenix metro transactions, the pre-inspection strategy — hiring an inspector before writing the offer, getting the full report, then submitting with no BINSR period — is the single most effective move available to buyers who want to be competitive without gambling. It costs $400–$600 and 2–3 hours of time. It eliminates the seller's main objection to the inspection contingency while actually giving the buyer better information than a standard 10-day period provides (because buyers often feel pressured during the formal BINSR period to not cancel). This is what separates sophisticated buyers from those who think "waive everything" is the only strategy available.
Competitive Offer Strategies: Risk vs. Appeal Analysis
| Strategy | Seller Appeal (1–10) | Buyer Risk Level (1–10) | OK for First-Time Buyers? | Best For (Market Conditions) | Ryan's Favorite? | Cost to Buyer ($) |
|---|---|---|---|---|---|---|
| Pre-inspection before offer (then waive BINSR) | 9 — seller gets certainty; buyer educated | 3 — buyer has full information before committing | Yes — highly recommended | Multiple-offer situations; seller wants certainty | YES — #1 Favorite | $400–$600 inspector fee |
| Shortened inspection period (5–7 days) | 7 — faster certainty without full waiver | 3 — still protects buyer with full inspection | Yes — good default position | Moderately competitive markets; seller wants speed | Yes | $0 (same inspector cost) |
| Appraisal gap coverage ($20K–$35K) | 8 — addresses seller's main financed-offer concern | 4 — capped exposure; not unlimited risk | With cash reserves to back it up | Competitive markets where offers exceed list; fast appreciation pockets | Yes | $0–$35K (only if gap occurs) |
| Full loan pre-underwriting | 8 — close to cash-offer certainty on financing | 2 — dramatically reduces loan failure risk | Yes — always recommended | Any competitive market; works with all other strategies | Yes | $0 (lender does this; costs time) |
| Large earnest money (3–5%) | 6 — shows commitment; seller comfort | 5 — more at risk if buyer cancels outside protections | Only with full contingency protections kept | All markets; signals seriousness without waiving rights | Sometimes | $0 (only at risk if breach) |
| Escalation clause | 7 — automatic best-price mechanism for seller | 2 — no additional rights waived | Yes | Active multiple-offer situations where final price is uncertain | Sometimes | $0 (just higher price) |
| Seller leaseback (30–60 days) | 9 — often more valuable than $10K+ in price | 2 — buyer just waits to move in | Yes — often overlooked by agents | When seller hasn't found replacement home; upsizing/downsizing sellers | YES — underused gem | $0–$3,000 (lodging for seller's move) |
| Cash offer (no loan) | 10 — maximum seller certainty | 3 — no loan risk; appraisal optional | Requires cash reserves; not accessible to most FTBs | Any market; most powerful offer type | N/A — situation-dependent | $0 (uses buyer's capital) |
| Full appraisal contingency waiver | 8 — removes major seller concern on financed offers | 7 — unlimited gap exposure if appraisal is far below | No — too risky without significant reserves | Cash-heavy buyers; stable price markets; when buyer has done own comp analysis | Rarely | $0–$75K+ (if large gap occurs) |
| Full loan contingency waiver (no pre-underwriting) | 8 — near-cash certainty to seller | 9 — catastrophic if loan fails; earnest money lost | No — Ryan does not recommend this | Only if buyer has verified ability to close cash if financing fails | No | Full EM loss + possible breach damages |
| Waive all contingencies (inspection + appraisal + loan) | 10 — equivalent to cash offer certainty | 10 — maximum exposure; all protections gone | Never | Sophisticated investors; distressed properties; significant discount to market | Never for owner-occupants | Full EM + possible additional breach damages |
Risk and appeal ratings reflect typical Phoenix metro residential transactions as of mid-2026. Individual deal dynamics, seller motivation, and specific property circumstances affect actual outcomes. Contact Ryan Moxley for transaction-specific strategy guidance before submitting any competitive offer.
How Ryan Moxley Advises Clients in Real Competitive Situations
Scenario 1: First-Time Buyer in Gilbert, 3 Competing Offers, $550K Home
The listing agent calls Ryan and says there are two other offers coming in, probably both around list price. The buyer has been pre-approved by a local lender (not pre-underwritten). What does Ryan recommend?
Tier 1 moves only: Shorten the BINSR to 7 days (schedule the inspector for Day 2 of the inspection period), offer $15,000 appraisal gap coverage, submit the local lender pre-approval with a note that the buyer is in full underwriting processing, and offer the seller a 45-day close to match their timeline. Do NOT waive inspection blindly or loan contingency. In 80% of cases, this combination wins or comes very close — and the buyer retains all meaningful protections.
Scenario 2: Relocation Buyer from California, Cash Purchase, $850K Home in Scottsdale
Cash buyer. No loan contingency needed. Appraisal contingency is optional (they don't need a lender appraisal). The question is whether to pre-inspect or waive BINSR.
Ryan's recommendation: Still pre-inspect. On an $850K Scottsdale home, $600 for a comprehensive inspection before offer is not optional. Arizona-specific risks (post-tension slab, HVAC R-22, stucco water intrusion) can result in $30,000–$80,000 of undisclosed repair needs. Cash buyers have no protection once inspection is waived and the SPDS is silent on the issue. Do the pre-inspection, then waive the BINSR period with full information.
Scenario 3: Move-Up Buyer in Chandler, Selling Current Home Simultaneously, $700K Target Home
This buyer is simultaneously selling their existing home and buying a new one. They've accepted an offer on their current home (contingent) and want to write a competitive offer on a new home. Can they write a no-contingency offer on the new home while their old home isn't yet closed?
Ryan's answer: Risky but manageable with the right structure. If the buyer has enough equity in the existing home to cover the down payment on the new home (and their lender has bridge loan capacity or they have separate cash reserves), they can write a strong offer on the new home. The key risk is the existing home sale failing — if it does, the buyer may be obligated on both properties. Ryan walks through the specific cash flow math before advising on contingency structure in bridge scenarios.
Scenario 4: Investor Buying Distressed Property As-Is, $375K Home in West Mesa
An experienced investor is buying a distressed property at a significant discount to market value. The seller (bank or estate) is requiring an as-is purchase. The investor has done preliminary walkthroughs and has a contractor ready.
In this context, full as-is purchase without formal BINSR period is appropriate. The investor has built repair cost estimates into their acquisition price, has cash or hard money financing with no appraisal contingency, and is buying a known-risk scenario at a price that accounts for unknown costs. This is the appropriate use case for the "waive everything" approach — not the owner-occupant competing for a well-maintained home at market value.
Arizona Contingency Waivers: FAQ
Ryan Moxley, REALTOR®
Top 1% agent nationally. Ryan has navigated competitive offer situations hundreds of times across the Phoenix metro — helping buyers craft offers that win without unnecessary risk to their earnest money or post-closing financial health. He provides specific, transaction-level guidance on contingency strategy on every buyer consultation.
My Home Group • ADRE SA643872000 • (480) 227-9143 • moxleysellsaz@gmail.comCrafting a Competitive Offer? Let's Talk Strategy.
Ryan Moxley helps buyers win in competitive Phoenix metro markets without unnecessary risk. Tell him about your situation and he'll walk you through exactly which contingencies to keep, shorten, or waive given your financial position and the specific property.