Contingencies: what you can walk away from
Contingencies are your exits from the contract. Each one closes at a deadline.
Updated · 2-min read
What they are
Contingencies are conditions in your purchase contract, each with a deadline. For example, if your contract is contingent on a satisfactory inspection, you can cancel without penalty when you're not satisfied with it. Waiving one gives up that protection. Rule1
- Earnest money: how much and when it's due.
- Inspection, appraisal and loan contingencies: keep them, or know the risk.
- A closing date your lender can meet, and what stays with the home. Rule2
The usual three
Inspection. Your right to renegotiate or cancel over the inspection ends at a deadline. Rule3,4,5,6,7,8,9
Appraisal. The loan shrinks to the appraised value, so you'd cover the gap, renegotiate or cancel if your contract allows. Rule10
Before a deadline passes
In your state
- Texas: An option period (5–10 days is common) lets you end the contract for any reason; the option fee stays with the seller if you do.
- California: The standard contract gives 17-day investigation, loan and appraisal contingencies, which you remove in writing.
- Florida: The AS IS contract's inspection period is 15 days if left blank; the seller doesn't have to repair.
- North Carolina: Due diligence (a negotiated period) lets you end the contract for any reason; a due diligence fee goes to the seller.
- Georgia: Due diligence is a negotiated period during which you can end the contract in writing.
- Massachusetts: Since 2025-10-15 a seller can't require you to waive your inspection (760 CMR 74). Rule3,5,6,8,13,9
When to call a professional
A real estate attorney, where your state uses one. Where attorneys draft contracts or run closings, booking one early keeps deadlines on track. Rule14,15,16,12,4
Your agent, before you waive anything. Waiving one gives up that protection. Rule1
Sources
- CFPB: Schedule a home inspection · page last modified Dec 12, 2024 (opens in a new tab)
- CFPB: Mortgages key terms (earnest money) · retrieved 2026-10-09 (via search excerpt) (opens in a new tab)
- TREC One to Four Family Residential Contract (Resale), TREC No. 20-19 · 05-04-2026, mandatory 2026-07-01 (opens in a new tab)
- Multi-Board Residential Real Estate Contract 8.0 · 8.0 (2025) (opens in a new tab)
- C.A.R. RPA defaults: 17-day contingencies, deposit in 3 business days (secondary: Greiner Law) · 2025 guide (opens in a new tab)
- Florida REALTORS/Florida Bar AS IS-7x publisher redline: §§2,8,9,12 and Standard F · 2026-02 publisher copy; copyrighted, not redistributed (opens in a new tab)
- NWMLS Form 22A Financing Addendum (2026 revision, sample copy) · 2026 revision (opens in a new tab)
- NCREC: due diligence fee refund exceptions · 2017-10; Form 2-T explanation (opens in a new tab)
- Massachusetts 760 CMR 74: residential home inspection waivers · contracts after 2025-10-15 (opens in a new tab)
- CFPB: My appraisal is less than the sale price. What does that mean for me? · reviewed 2024-09-11; retrieved 2026-10-09 (opens in a new tab)
- NCREC: due diligence replaced the financing contingency · reviewed 2026-09-27 (opens in a new tab)
- NY DOS legal memorandum LI04: brokers and unauthorized practice of law · 2020-02-14; reviewed 2026-09-27 (opens in a new tab)
- Georgia REALTORS: contract forms · 2026 forms; copyrighted, not redistributed (opens in a new tab)
- Georgia Supreme Court: In re UPL Advisory Opinion 2003-2 · 2003; primary judicial decision, mirror (opens in a new tab)
- NC State Bar Authorized Practice Advisory Opinion 2002-1 · revised 2012-01-26; reviewed 2026-09-27 (opens in a new tab)
- Massachusetts Trial Court Law Libraries: REBA v. NREIS closing participation · 2011 decision; reviewed 2026-09-27 (opens in a new tab)