Buying a home

Contingency

Also called contingency clause

Definition

A contingency is a condition in a home purchase contract that must be met for the sale to go ahead, such as a satisfactory inspection, an appraisal at or above the price, or loan approval, each with its own deadline.

Contingencies are a buyer’s exits. If a condition isn’t met by its deadline, the contract usually lets you renegotiate or cancel and get your earnest money back.

What are the most common contingencies?

An inspection contingency lets you have the home inspected and ask for repairs, ask for a credit or cancel if you don’t like what turns up. A financing contingency lets you cancel if your loan doesn’t come through. An appraisal contingency lets you renegotiate or cancel if the home appraises below the price.

A home sale contingency makes your purchase depend on selling your current home. Others cover the title, a condo or homeowners association’s documents, or getting insurance. Which ones exist, and what they’re called, depends on your state’s standard contract.

How do contingency deadlines work?

Each contingency has a window, usually counted from the day the contract is accepted. Some contracts require you to act before the deadline, by sending a notice or a repair request; if you don’t, the contingency may be treated as satisfied. Others require you to remove it in writing.

Know which kind your contract uses. A contingency removal is often a formal signed document, and once you sign it you usually can’t use that exit again.

What happens if a contingency isn’t met?

Usually you have choices: cancel and get your deposit back, negotiate a lower price, repairs or a credit, or go ahead anyway. Writing about low appraisals, the CFPB notes that the cost of cancelling depends on the terms of your purchase contract.

Sellers protect themselves too. A seller who accepts a home sale contingency may add a kick-out clause so they can keep marketing the home and take a better offer if one arrives.

Should you waive contingencies?

In competitive markets, buyers sometimes waive or shorten contingencies to make an offer stronger. It can work, but it shifts risk to you. Waive the appraisal contingency and you may have to cover an appraisal gap in cash. Waive financing and a loan problem could cost you your deposit.

A middle path is to keep the protection and shorten the timeline, such as a quick inspection window. Your agent, and a real estate attorney where that’s customary, can tell you what’s normal locally.

Do FHA loans have a built-in contingency?

In effect, for the appraisal. HUD generally requires FHA purchase contracts to include an “amendatory clause” stating that the buyer doesn’t have to complete the purchase or forfeit earnest money unless the appraised value is at least the price. The buyer can still choose to go ahead. See FHA loan.

A sample contingency timeline

Day 0Contract accepted, earnest money due soon after
Day 10Inspection contingency ends
Day 21Appraisal contingency ends
Day 30Financing contingency ends
Day 35Final walkthrough and closing

These days are an illustration. Your contract sets the real ones, and the defaults differ by state and by form.

Common mistakes

  • Assuming a contingency still protects you after its deadline has passed.
  • Waiving the appraisal contingency without the cash to cover a gap.
  • Thinking a pre-approval makes the financing contingency unnecessary.
  • Not knowing whether your contract treats silence as approval or requires a written removal.

Questions

What does “contingent” mean on a listing?

It means the seller has accepted an offer that still has contingencies to clear. MLSs label this stage differently, such as contingent or “active under contract,” and some sellers still accept backup offers.

Can a seller have contingencies too?

Yes. Most contingencies protect the buyer, but a contract can include seller conditions, such as finding a replacement home before closing.

Can you add a contingency after the contract is signed?

Only if buyer and seller both agree in writing, usually through an addendum.

Sources

  1. Legal Information Institute: Contingency
  2. CFPB: Do I have to sign at closing if I don’t like the terms?
  3. CFPB: My appraisal is less than the sale price
  4. HUD: FHA Single Family Housing Policy Handbook 4000.1

Written and checked by the Broker & Agent team on October 2, 2026. General information, not legal, tax or lending advice. Something out of date? Tell us.

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