contracts

financing contingency

A financing contingency, also called a mortgage contingency, is a clause in a purchase contract that makes the buyer's obligation depend on obtaining a loan on specified terms, such as amount, interest rate, and loan type, by a deadline. If the buyer cannot get the financing despite a good-faith effort, the buyer may cancel and usually recover the earnest money. If the deadline passes without notice, the contingency may be considered waived.

Exam tip
Contingencies protect the party they benefit; that party can waive them. Missing the contingency deadline is a common way buyers lose protection.
Example
The contract requires the buyer to obtain a 30-year loan of $320,000 at no more than 7% within 30 days, or the buyer may cancel and get the deposit back.

1. A financing contingency in a purchase agreement protects the:

Answer & explanation

Answer: C. A financing (mortgage) contingency lets the buyer cancel without penalty if unable to secure the specified loan by the deadline.

Related terms & state variants

Sources

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Last verified: 2026-10-23