If your home purchase may not close, act immediately: read the signed purchase contract, identify every contingency and notice deadline, contact your lender and settlement agent, and document each communication. Whether you can cancel, extend the closing, or recover earnest money depends on the contract, your timing, your conduct, and state and local law.
Do not rely on a verbal promise that the deposit is safe or that a deadline will be moved. Give notices exactly as the contract requires, and obtain local legal advice before waiving a contingency, signing an amendment, or walking away.
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What to do in the first 24 hours
- Read the entire signed contract. Locate the financing, inspection, appraisal, and home-sale contingencies; their expiration dates; required notice method; closing date; earnest-money provisions; extension language; default remedies; and dispute procedures. The Consumer Financial Protection Bureau (CFPB) advises a buyer considering withdrawal to review the contract or seek attorney advice.
- Call the lender and ask for a precise diagnosis. Find out whether the problem is a denied loan, missing documentation, an underwriting condition, an appraisal issue, a changed rate or fee, or a processing delay. Ask what documents or corrective actions remain, whether the existing loan can still close, and whether another loan product is realistic within the contract timetable.
- Notify the settlement, title, or escrow agent. Explain that financing or timing is at risk. Ask what the current contract requires for an extension, how escrow funds can be released, and whether the agent needs written instructions from both parties. The settlement agent handles funds and closing logistics; the lender explains loan eligibility and underwriting.
- Preserve your rights with formal notice. A phone call, text, or casual email may not exercise a contingency. Follow the contract’s stated delivery method and deadline. If the language is unclear, ask a local real estate attorney or your agent before the deadline passes.
- Keep performing unless you have a documented right to stop. Continue supplying lender documents, attending inspections, and meeting other obligations while the issue is evaluated. Missing a deadline, waiving a contingency, or abandoning the transaction can expose the earnest-money deposit and may create additional liability.
- Save a complete record. Keep the contract and amendments, lender letters, document-submission confirmations, appraisal and inspection reports, notices, delivery receipts, and escrow correspondence in one folder. A dated record can matter if the parties later disagree about compliance.
HUD notes that laws vary by state. If a substantial deposit, threatened lawsuit, or disputed escrow release is involved, have a buyer-side real estate attorney review the documents rather than relying on general explanations.
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The next step depends on the event that threatens closing. Contingencies are contract conditions designed to protect the buyer, but each one has its own wording and time limit.
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| Problem | What the contract may allow | What it does not automatically mean |
|---|---|---|
| Mortgage denial or delay | A financing contingency may permit termination and a deposit refund if the buyer cannot obtain the specified loan within the stated period. A written extension or a qualifying replacement loan may also be possible. | Loan trouble does not automatically extend the closing date or guarantee a refund. The buyer may lose protection by missing the contingency deadline or failing to follow application requirements. |
| Low appraisal | An appraisal contingency may let the buyer renegotiate the price, pay a larger difference, or cancel according to the clause. Freddie Mac describes these as common choices. | A low valuation does not by itself cancel a contract when no applicable appraisal protection exists. |
| Inspection problem | An inspection contingency may permit repair negotiations, a credit, or termination within the inspection period. | Receiving an unfavorable report alone does not decide who gets the deposit. The clause and timely notice control. |
| Your current home did not sell | A home-sale contingency can make the new purchase void if the existing home fails to sell during the specified period, potentially returning earnest money. | The seller may continue marketing the property under the contingency, and the exact sale period and notice rules still apply. |
| Unexpected terms at closing | You can pause and ask questions before signing. The CFPB says a buyer is not committed until signing the closing documents. | Stopping at the table does not erase the purchase contract without possible deposit, fee, or other legal consequences. |
| Seller stops the transaction | Escrow may be returned, and an unresolved contingency may support a refund, depending on the agreement and local rules. | You should not assume the escrow agent can release funds without the required consent, instructions, or dispute process. |
Mortgage denial or delay: options and limits
Find out whether the problem is curable
Ask the lender for the specific underwriting reason, the exact documents needed, and a realistic decision date. A missing bank statement, unresolved credit issue, employment verification problem, debt-to-income change, or property condition can have different remedies. Request the answer in writing and send requested documents promptly using the lender’s secure process.
Consider another loan only if the timetable works
The CFPB says a buyer may be able to secure a new mortgage or extend the closing period. Ask the existing lender whether another loan type is available and, if necessary, contact other lenders. Compare the interest rate, total fees, required documentation, monthly payment, and ability to close before the contractual deadline. The CFPB recommends requesting Loan Estimates from at least three lenders when shopping.
A new application is not a guaranteed solution. A replacement lender must verify income, assets, credit, and the property, and a new appraisal or underwriting review may consume the time you have left. Do not waive a financing contingency merely because an application is pending.
Understand the Loan Estimate timing
CFPB guidance says a lender is required to honor a Loan Estimate’s terms for 10 business days. That is a consumer-protection period for the estimate, not a promise that the loan will close in 10 days or that your purchase contract changes. Confirm current terms with the lender and act quickly if comparing offers.
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Request a written closing extension
Ask the seller, through the agent or other channel specified in the contract, for a written extension. The amendment should state the new closing date and whether financing, appraisal, inspection, or other contingency deadlines also move. An informal agreement may leave the original deadline in force. The seller can refuse, and the contract may limit extension rights.
Freddie Mac’s 2025 review describes 30–45 days as a typical period to close a loan after an offer is accepted. That is general context, not a rule: your contract controls, and a complicated file can take longer.
How contingencies affect your right to cancel
Financing contingency
Check the required loan amount, rate, loan type, application date, commitment date, and notice procedure. Some clauses require the buyer to apply promptly and cooperate with the lender. If the specified financing is unavailable and you timely invoke the clause, termination and an earnest-money refund may be available. If you accept a different loan, miss the deadline, or waive the contingency, the result can change.
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Compare the appraised value with the contract price and read the remedy language. You may have a right to request a price reduction or cancel, but some clauses require a negotiation period or limit the amount the seller must reduce. Without the clause, choices may be paying the difference, seeking a revised appraisal, renegotiating voluntarily, or deciding whether a breach carries consequences.
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Inspection contingency
Read which defects qualify, when the inspection period ends, and whether the remedy is repair, credit, renegotiation, or termination. Send the report and notice in the contract’s required form. An inspection contingency is not a general right to cancel after its deadline.
Home-sale contingency
Confirm the date by which your existing home must sell and any notice the seller must receive. The seller may keep showing the property and may have a kick-out or continued-marketing right. If the sale does not occur, follow the clause’s termination and escrow instructions rather than simply stopping payments or communication.
Earnest money: when it may be returned
Earnest money is a good-faith deposit held in escrow. It is separate from the down payment, although it may be credited toward the down payment or closing costs if the purchase closes.
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General deposit descriptions also vary. HUD’s homebuyer guide says earnest money is usually “between 1 and 5 percent” of the purchase price. The National Association of Realtors describes a broad “1% to 10%” range. These are general descriptions of different markets, not a required amount or recommendation for your transaction.
If the escrow agent will not release the deposit
Ask the agent to identify the missing consent, notice, or contractual step. Do not sign a release that gives up rights without understanding it. The contract may require mutual instructions, mediation, arbitration, court action, or another state-specific procedure. A local attorney can evaluate whether the contingency was timely invoked and how to pursue release.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.At the closing table
Review the Closing Disclosure against the Loan Estimate and ask the lender or settlement agent to explain unexpected fees, cash-to-close changes, interest-rate terms, or loan conditions. “You should never sign anything that you don’t understand,” the CFPB says.
The CFPB also states, “You can always walk away at closing if you are not comfortable with the transaction.” That means you can refuse to sign, but it does not automatically cancel the purchase contract without consequences. Possible results include loss of earnest money, lender application or appraisal fees, and other contract remedies. If the concern is material, pause and obtain contract advice before making a final decision.
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Choosing the right professional help
Real estate attorney
Use a buyer-side attorney for contract interpretation, notice deadlines, a threatened default, or a disputed deposit. Ask about experience with residential purchase agreements in your state, availability before your deadline, the documents included in the review, communication time, and the fee structure. HUD recommends asking what services are provided, what they cost, and whether the lawyer has represented homebuyers.
Lender or mortgage broker
Use the lender for underwriting explanations, missing-document lists, revised loan options, and updated closing timing. Compare viable offers by loan type, rate, points, lender fees, cash required, and the likelihood of meeting the contract date. Request formal Loan Estimates rather than relying on verbal rate quotes.
HUD-approved housing counselor
A HUD-approved housing counselor can provide general housing guidance and help you organize questions. Counseling does not replace an attorney’s contract interpretation or representation in a deposit dispute.
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Document a clean exit when cancellation is allowed
- Confirm the precise contingency or other contractual right you are invoking.
- Prepare the required written notice, identifying the property, contract date, clause, and requested termination or extension.
- Deliver it using every method the contract requires and retain proof of delivery.
- Ask the settlement or escrow agent what additional release form or joint instruction is needed.
- Obtain written confirmation of termination, deposit disposition, and any fees still owed.
- Cancel or change lender applications only after confirming that doing so will not violate the contract or eliminate a remaining remedy.
Practical timeline
- Today: Read the contract, mark deadlines, call the lender and settlement agent, and preserve records.
- Before the next deadline: Deliver any contingency notice, submit lender documents, and request a written extension if needed.
- Before signing: Compare closing documents with expected terms and resolve unexplained discrepancies.
- When rights or money are disputed: Have a local attorney review the contract, notices, lender communications, and escrow demand.
The governing question is not simply why the purchase failed. It is whether the contract gave you a timely right to end or extend it, whether you followed the required procedure, and what your state’s law does with the resulting deposit and claims.
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