Offers and contracts
Contingencies in a home purchase: inspection, appraisal, financing and more
A contingency is a condition the deal depends on. Used well, it lets you walk away with your deposit if something serious goes wrong. Miss its deadline, and that protection can disappear without anyone telling you.
Reviewed November 2026 · Written for Buy Home Tips from the sources listed below
A contingency is a clause that makes the purchase depend on something happening, such as a satisfactory inspection or loan approval. If the condition is not met and you follow the contract's process, you can usually cancel or renegotiate without losing your earnest money. Contract forms differ by state and by the forms your agent or attorney uses, so the exact rules come from your contract.
The common contingencies
Inspection. Gives you a set period to inspect the home and then accept it, ask for repairs or credits, or cancel. HUD's inspection notice points out that you can make your purchase contingent on an inspection if you request one early in the process.
Appraisal. Protects you if the home appraises below the price. You can usually renegotiate, pay the difference or cancel.
Financing. Protects you if your loan is not approved by a deadline despite good-faith effort. It usually requires you to apply promptly and cooperate with the lender.
Lead-based paint evaluation. For housing built before 1978, 40 CFR 745.110 requires sellers to give buyers a 10-day opportunity to conduct a risk assessment or inspection for lead-based paint hazards, unless the parties agree in writing to a different period or the buyer waives it in writing.
Sale of your current home. Makes the purchase depend on selling your existing home. Sellers often accept it reluctantly, sometimes with a right to keep marketing the home.
Other reviews. Some contracts include periods to review association documents, title, surveys or insurance availability.
How contingencies end
Each contingency typically ends in one of three ways:
- You remove it, in writing, accepting the condition.
- You exercise it, canceling or requesting changes with written notice before the deadline.
- The deadline passes. Depending on the contract, silence may count as acceptance.
The third outcome is the dangerous one. A contract that treats a missed deadline as satisfaction means your earnest money can be at risk if you later back out.
Writing contingencies into an offer
- Keep periods realistic. Ask your inspector and lender how long they need before you choose deadlines.
- Shorter is safer than none. If you need to compete, shorten periods instead of waiving protections.
- Read the notice clause. It says how to deliver a request or cancellation, such as by email to a named person.
- Check day counting. Calendar days and business days can produce very different deadlines.
Getting your deposit back
If you cancel properly under a contingency, the contract usually requires the earnest money to be returned. The holder of the deposit may need both parties to sign a release, so expect paperwork. Keep your notice and its delivery confirmation; they are your proof that you acted in time.
Mini calculator: count the days on a contract clock
Enter the start date and the number of days in the clause to see the deadline. Check whether your contract counts calendar days or business days.
A planning aid. Your contract and local practice decide how days are counted and when the clock starts.
Managing contingencies
- List each contingency, its deadline and how notice must be given.
- Check whether deadlines count calendar days or business days.
- Schedule inspections and the appraisal right after acceptance.
- Ask your lender for a realistic loan approval date.
- Deliver any cancellation or request in writing, using the contract's method.
- Keep copies of every notice and delivery confirmation.
Questions buyers ask
What are common contingencies in a home purchase?
Inspection, appraisal, financing and, in some contracts, sale of the buyer's current home and review of association documents or title. For homes built before 1978, federal rules also give buyers an opportunity to conduct a lead evaluation.
What happens if I miss a contingency deadline?
Depending on the contract, the contingency may be treated as satisfied or waived, which means backing out afterward could cost your earnest money. Read the contract's default terms.
Can I back out of a house purchase during the inspection period?
Usually yes, if you give proper notice within the contingency period for a reason the contract allows. The contract decides the terms and what happens to your deposit.
Should I waive the appraisal contingency?
Only if you can cover the gap between a low appraisal and the price with cash. Otherwise, you may have to bring extra money or lose your deposit if you cannot close.
Sources checked for this page
- 40 CFR 745.110: opportunity to conduct an evaluation
- North Carolina Real Estate Commission: earnest money questions and answers
- HUD: For Your Protection, Get a Home Inspection
- Freddie Mac: what is earnest money and how does it work
Checked November 2026. Programs and limits change; confirm with the source before you rely on a figure.