In short
A contingency is a condition in your sales contract that lets you cancel if it is not met. The Consumer Financial Protection Bureau (CFPB) says it is a good idea to make your offer “contingent on obtaining financing” and on “a satisfactory inspection.” Without them, you may be contractually bound to buy the home even if the loan falls through or serious flaws turn up. No federal rule sets contingency deadlines: your contract does.
The four common contingencies
| Contingency | What it protects | Federal source says |
|---|---|---|
| Inspection | You can cancel or renegotiate if the inspection finds serious problems | CFPB advises it; with it you “have the right to cancel the sale without penalty” if unsatisfied |
| Financing | You can cancel if you cannot get the loan | CFPB advises it |
| Appraisal | You can renegotiate or cancel if the home appraises below the price | CFPB: use the lower value to negotiate; cancelling depends on contract terms |
| Sale of your current home | You can cancel if your home does not sell | Not covered by the CFPB pages: read your contract |
Contingencies belong in the offer, before you sign. See how to make an offer.
Inspection contingency
The CFPB says that if the contract is contingent on a satisfactory inspection, you should be able to cancel without penalty when serious flaws turn up. If repairs are needed, “you may want to negotiate with the seller about who should make or pay for the repairs.” The seller may or may not agree, depending on your contract and local market conditions. You can ask for the work to be done before you move in or for a credit.
Choose “an independent home inspector who is accountable to you,” and attend if you can (CFPB). See what an inspection costs.
FHA loans. The Federal Housing Administration (FHA) gives buyers form HUD-92564-CN, “For Your Protection: Get a Home Inspection.” It says a home inspection “will only occur if you arrange for one; FHA does not perform home inspections.” If you “request an inspection early in the process, you may be able to make your purchase contract contingent on its results.” It also states that an appraisal “does not replace a home inspection,” and that “FHA does not guarantee the value or condition of your new home.” After closing, FHA cannot lend you money for repairs or buy the home back. See FHA loans.
Financing contingency
This one protects you if the loan falls through. Being preapproved does not replace it: see mortgage preapproval. Read your contract for the date by which you must have the loan or ask to cancel, and check that date against your lender’s timeline.
Delay is a risk. The CFPB warns that after you tell the lender you intend to proceed, delays in sending documents can mean “your rate lock could expire.” If your purchase contract has a deadline, “you could lose the home and the deposit.” Compare Loan Estimates first: see the Loan Estimate guide.
Appraisal contingency
Your lender orders an appraisal and must send you a copy. If the value comes in under the price, the CFPB says you “can often use the lower appraised value to negotiate a reduction in the sales price.” If the seller will not lower it, you may be able to cancel the sale, and “depending on the terms of your purchase contract, there may be costs associated with cancelling.” The CFPB adds that those costs are likely small compared to overpaying. If major repairs are needed, the lender can require them before closing, or ask you to set money aside. See home appraisal cost.
Contingencies and your deposit
The deposit is what you put at risk. If the contract ends for a reason it allows, such as a failed contingency, the deposit goes back to you. If you back out for a reason it does not allow, you may lose it. The CFPB notes you may also lose application or appraisal fees paid to the lender. See earnest money.
What it costs
No federal source puts a price on a contingency. Waiving one means you carry that risk yourself. The costs behind them are the inspection, the appraisal and the lender’s fees, shown in the cost of buying a home.
Where states differ
Contingency periods, standard forms and cancellation rights are set by contract and state practice, not by federal rules. Check your state’s seller disclosure rules and closing costs, and ask your agent or an attorney how deadlines are written locally.
Frequently asked questions
What is a contingency in real estate?
A condition in the sales contract. If it is not met, the contract lets the buyer cancel or renegotiate, usually without losing the deposit.
Which contingencies does the CFPB recommend?
The CFPB recommends making your offer and contract contingent on obtaining financing and on a satisfactory inspection.
Can I waive the inspection?
You can, but the CFPB’s advice is to include it. Without it you may be contractually required to buy the home even if serious flaws turn up.
What if the home appraises for less than the price?
Ask the lender for a copy of the appraisal. The CFPB says you can often use it to negotiate a lower price, and you may be able to cancel if the seller refuses, depending on your contract.
Does an FHA appraisal replace an inspection?
No. HUD form HUD-92564-CN says an appraisal “does not replace a home inspection.”
General information drawn from the official sources cited and dated on this page. It is not legal, tax or financial advice: for your own situation, ask a licensed professional.
More buying guides
- Steps to buy a home in the United States
- How long does it take to buy a home?
- Closing costs explained: what each line means
- Earnest money: how much and when you get it back
- Buyer agreements after the 2024 NAR settlement
- Real estate commission: how agents are paid now
- Home inspection cost and what it covers
- Home appraisal cost and how it works
- Land survey cost and when you need one
- Buying land: costs, financing and checks
- Title insurance explained
- Local transfer taxes: what counties and cities add
- Mansion taxes: when a higher price triggers a higher rate
- Manufactured Homes: HUD Code, Title and Financing
- Buying a Condo: Documents, FHA Approval, Insurance
- Types of Deeds: Warranty, Special Warranty, Quitclaim
- Buying New Construction: Contracts, Warranties, FHA/VA
- How to make an offer on a house: terms, deposit, contingencies
- What happens at closing: documents, walk-through, funds
- Title search: what it checks before you close
- Buying a foreclosed home: HUD Homes and bank-owned sales
- Rent vs buy: what goes into the comparison
Sources
- Find the right home (Consumer Financial Protection Bureau) (consulted October 20, 2026)
- Schedule a home inspection (Consumer Financial Protection Bureau) (consulted October 20, 2026)
- My appraisal is less than the sale price: what does that mean for me? (Consumer Financial Protection Bureau) (consulted October 20, 2026)
- For Your Protection: Get a Home Inspection, form HUD-92564-CN (U.S. Department of Housing and Urban Development, Federal Housing Administration) (consulted October 20, 2026)
- Mortgage key terms (Consumer Financial Protection Bureau) (consulted October 20, 2026)
- What is an Intent to Proceed? (Consumer Financial Protection Bureau) (consulted October 20, 2026)