⏰ What Is a Contingency Deadline Clause in Real Estate?
A contingency deadline clause sets the exact dates by which a buyer must complete or remove contingencies (such as inspection, appraisal, or financing). If the buyer misses the deadline, the contingency may expire, become waived, or put the buyer’s earnest money at risk.
How a Contingency Deadline Clause Works
Every contingency in a purchase agreement—such as inspection, appraisal, or financing—has a deadline. The contingency deadline clause explains:
- The exact date each contingency must be satisfied or removed.
- Whether the contingency expires automatically if the buyer takes no action.
- How the buyer must notify the seller of removal (see Contingency Removal Clause).
- What happens if the buyer requests an extension.
- How missed deadlines affect earnest money and contract rights.
Deadlines are legally binding and prevent the contract from dragging on indefinitely.
Why Contingency Deadlines Matter
For Buyers:
- Ensures enough time to complete inspections, appraisal, financing, and document reviews.
- Helps avoid losing the earnest money deposit.
- Provides a clear timeline for backing out safely if issues arise.
For Sellers:
- Prevents the buyer from delaying or stalling the transaction.
- Allows the seller to cancel if the buyer fails to meet deadlines.
- Clarifies when the contract becomes binding and contingencies are cleared.
For FSBO Sales:
- Protects sellers from buyers who don’t act in good faith.
- Reduces disputes over timing and deposit return.
- Strengthens the contract without needing an agent.
What Happens If a Buyer Misses a Contingency Deadline?
Missing a contingency deadline can have serious consequences:
- Contingency may automatically expire.
- Buyer may lose rights to cancel based on that contingency.
- Earnest money may become non-refundable (see Earnest Money Release Clause).
- Seller may terminate the contract due to buyer non-performance.
- Buyer may enter default if deadlines are ignored (see Default Clause).
Deadlines are not suggestions—they’re enforceable contract obligations.
Can Contingency Deadlines Be Extended?
Yes—but only if the parties agree in writing. Extensions are typically made using a purchase addendum.
Common reasons for requesting more time:
- Delays in scheduling inspections
- Appraiser backlog
- Lender delays in underwriting
- Needing time to review HOA or title documents
Verbal extensions are not enforceable in real estate.
