. Simply click here to receive your free guide. A contingency fee or a conditional fee is an amount of money which will only be given as payment to the attorney if the party availing of that attorney’s services has won the court’s decision. An appraisal contingency protects the buyer and is used to ensure a … What is a “mediation clause” which may be included in my purchase agreement?”. While the types of contingencies can vary, overall they determine whether or not a real estate contract remains binding. This column may not be resold, reprinted, resyndicated or redistributed without the written permission from Escrow Publishing Company. Contingent on Use: for example, if the Buyer intends to use the property as a home office, or as a multi family residence, the contract can be made contingent on compliance with local zoning restrictions which pertain to that property.