Washington Real Estate Contingencies and Related NWMLS Forms
A real estate contingency is a condition in the purchase agreement that affects the parties’ obligations and options. Depending on its wording, it may provide a way to investigate, require a response, or permit termination when specified requirements are met. The details, deadlines, and notices matter.
The Madrona Group finds that buyers often underestimate how many different protections and review periods may be involved. The inspection is only one piece. Financing, appraisal, title, another home sale, property systems, disclosures, and association documents can all require attention.
This is a guide to common protections and related NWMLS forms, rather than an exhaustive list for every Washington transaction. Your broker should identify the provisions that apply to the actual property and purchase.
Our starting point is protecting the buyer
The Madrona Group approaches an offer by asking what protects this buyer and how to preserve it. Our team strongly recommends retaining the inspection contingency. A buyer needs the opportunity provided by the agreement to investigate the property and decide whether its condition is acceptable.
Those inspection and response rights are contractual when created by the inspection addendum. Buyers should confirm the protection is included and understand how to preserve it. Separately, some disclosure and document-review rights arise under statute and need to be evaluated under the applicable law.
The Madrona Group also cautions financed buyers about waiving financing protection. If the loan cannot be completed, giving up that protection can expose the buyer to a default claim and put the earnest money at risk. Preapproval does not make the remaining lending and property requirements disappear.
Our approach is to discuss alternatives first and treat a waiver as a last resort. The buyer should understand what could happen, what funds could be exposed, and whether the risk is affordable before deciding how to proceed.
Common contract protections and property addenda
| Form | Purpose and what to review |
|---|---|
| 35 | Inspection Addendum. Review the inspection period, permitted inspections, notices, and response procedures. |
| 22A | Financing Addendum. Review the specified financing, application duties, deadlines, notices, and appraisal terms. |
| 22AA | Appraisal Addendum. Review the appraisal condition when this separate addendum is used. |
| 22B | Buyer’s Sale of Property Contingency Addendum. Address the buyer’s need to sell another property. |
| 22T | Title Contingency Addendum. Review the title-related condition and required responses. |
| 22R | Well Addendum. Review the well provisions and the investigation required for the property. |
| 22S | Septic Addendum. Check which septic addendum applies, including county-specific forms such as 22S-Snohomish. |
Other situations may call for forms such as 22VV, Homeowner Insurance Addendum; 35F, Feasibility Contingency; 35N, Neighborhood Review Contingency; or 22RA, Attorney Review Addendum. The form title helps identify the subject. The completed, signed language determines what it actually does in your transaction.
The main purchase agreement also contains provisions to review, including title and property-information verification. Read those alongside the addenda. Do not assume an issue is protected simply because a similar transaction used a particular form.
Related forms do different jobs
An addendum adds terms. A disclosure supplies information. A notice or response communicates a decision under an existing provision. Finding a form in the paperwork does not, by itself, establish a right to cancel and recover the deposit.
| Form | Purpose and what to review |
|---|---|
| 22AD | Increased Down Payment Addendum for Low Appraisal. Addresses the buyer’s additional funds commitment. It should not be described as blanket appraisal-gap protection. |
| 22EF | Evidence of Funds Addendum. Concerns evidence of funds, rather than an increased-down-payment provision. |
| 35R / 35P | Inspection Response for Form 35 / Pre-Inspection Agreement. These have different roles from the inspection contingency itself. |
| 17 / 22J | Seller Disclosure Statement / Lead-Based Paint and Hazards Disclosure. Disclosures require their own review; they are not interchangeable inspection contingencies. |
| 22D / 22CIC | Optional Clauses Addendum / Common Interest Community Addendum. Read the selected provisions and applicable association-document requirements. |
| 22K / 22C | Identification of Utilities Addendum / Seller Financing Addendum. These address utilities and seller financing, respectively. |
County-specific documents need particular care. 22W is the Island County Noise Disclosure, while 22U is King County Seller’s Notice of OSS, concerning an on-site sewage system. Neither should be used as a generic label for well or utility verification.
Association documents and seller disclosures
For a condominium or another common interest community, confirm which documents must be delivered and which review rights apply. Resale-certificate rights may arise under statutes such as RCW 64.90.640, depending on the community and transaction. They should not all be attributed to Form 22D.
The seller’s disclosure statement has a separate framework. Where applicable, RCW 64.06.030 addresses delivery and the buyer’s options. Exemptions, waivers, receipt timing, and the actual circumstances can affect the answer. A disclosure statement is not a substitute for investigating the property.
A competitive offer starts with the actual competition
When buyers have more choices and a seller has fewer competing offers, it may be easier to retain protections and negotiate workable timelines. A highly competitive listing can create different pressures. We assess the specific home, competing interest, and the seller’s priorities rather than treating the whole region as one market.
The Madrona Group’s first goal remains the same in either setting: write an offer that protects the buyer. We can discuss price, readiness, scheduling, and other terms before considering whether any protection should change. An alternative may have its own cost or risk, and we explain that too.
If a buyer considers taking on more risk to compete, The Madrona Group walks through the consequences and lets the buyer make the informed decision. Winning a house does not make an unaffordable repair or an unfunded closing manageable.
What we track after mutual acceptance
The number of contingencies is less useful than knowing what each one requires. Build the transaction calendar from the executed agreement and update it whenever the parties amend the terms.
- Identify each applicable condition, review period, and delivery requirement.
- Record the deadline, what triggers it, and who must receive any notice.
- Coordinate inspections, lender work, and document delivery early enough to review the results.
- Check whether a protection has been satisfied, waived, changed, or is still open.
- Confirm the required response before the deadline; a phone conversation alone may not preserve a right.
For the inspection-day process, read what happens during a Washington home inspection. For your own contract, ask your broker to explain the specific choices before you sign or waive anything.
Frequently asked questions
How many contingencies should a Washington offer include?
There is no fixed number for every purchase. The property, financing, buyer’s circumstances, signed terms, and applicable law determine which protections and review rights need attention.
Which contingency protects earnest money the most?
There is no single best contingency for every risk. Inspection, financing, appraisal, title, and other provisions address different concerns. Protection depends on the actual agreement and compliance with its requirements.
Is an inspection contingency automatic?
Do not assume it is included. Confirm the inspection protection in the signed agreement, commonly through NWMLS Form 35. The Madrona Group strongly recommends retaining it and understanding its deadlines and notice requirements.
What is the NWMLS form for septic systems?
Form 22S is the Septic Addendum. County-specific versions may apply, including Form 22S-Snohomish. Form 22K concerns identification of utilities.
Can contingencies be waived to make an offer more competitive?
Some contractual protections can be waived or changed, but doing so can increase the buyer’s financial and property risk. The Madrona Group starts with preserving protection, explores alternatives first, and explains the consequences before the buyer decides. Any statutory right must be evaluated under the law that creates it.
Return to the Washington real estate FAQ library or talk with The Madrona Group about planning an offer.
Reviewed October 21, 2026 against the current NWMLS member forms directory, current Form 22A, and the statutory references linked above. Form names identify their subject; signed terms and applicable law determine your rights.