When a California contingency deadline passes
The date came and went and nothing arrived from the buyer. Here is what that actually means in California, which is far less than most sellers assume.
Why the deadline is not self-executing
In most states a contingency lapses when its date arrives. California works the other way: the contingency continues until the buyer signs a removal and delivers it. A seller watching a calendar is watching something that will not, by itself, ever change the contract.
This surprises agents who have worked in other states, and it surprises sellers almost universally. It is also the single most useful thing to know about a California transaction that has gone quiet.
What the notice does and does not do
The notice does not end the deal. It starts a short period during which the buyer can still do the thing they were supposed to do. If they do it, the transaction carries on as though nothing happened. Only if the period runs out with the buyer still not having acted does the right to end the contract become available.
The delivery is the part that matters. The clock runs from delivery, so a notice that was prepared and never sent, or sent to the wrong person, has started nothing at all.
Ending the contract is its own document
If the seller does end the transaction, that is a separate step with its own form, and it interacts with the deposit. Ending a contract does not by itself determine who receives the money — escrow still needs instructions both parties sign, or an order.
What a seller can do, in order
| Step | Effect |
|---|---|
| The contingency deadline passes | Nothing changes. The contingency is still in force. |
| Seller delivers a Notice to Buyer to Perform | Starts a period — two days by default — for the buyer to act. |
| The period runs out with no action | The seller may now act to end the contract. |
| Seller signs and delivers a cancellation | The contract ends. Who receives the deposit is still a separate question. |
Forms this touches
Named so you know which document the conversation ends in. Their text is not reproduced here.
- NBP — Notice to Buyer to Perform
- CR — Contingency Removal
- CCA — Cancellation of Contract
Questions that come up
Can a seller cancel the moment a contingency deadline passes?
No. The deadline passing does not remove the contingency or create a right to end the contract. A notice to perform has to be delivered first, and its period has to run out.
How long is the notice period?
Two days after delivery by default, unless the agreement specifies a different period.
What if the buyer acts during the notice period?
The transaction continues. The notice creates an opportunity to perform, not an ending.
Describe the change in plain English
Amendly drafts the California amendment or addendum for your deal from a sentence. You review every line before it goes anywhere.
Draft your first amendmentRelated in this guide
- C.A.R. Form NBP — Notice to Buyer to PerformThe form a California seller has to deliver before a stalled transaction can be ended, how long it gives the buyer, and when the clock starts.
- Removing contingencies in CaliforniaCalifornia removes contingencies actively, by signed form. A deadline expiring does not remove one — which surprises nearly everybody.
- C.A.R. Form CCA — ending the contractThe form that ends a California purchase agreement, and why ending the contract is a separate question from who receives the deposit.
- Where the deposit goes when a deal endsWho gets the earnest money when a California transaction ends, why escrow will not simply hand it over, and the statutory rule that decides the argument.
Where this comes from
This page describes how California residential transactions typically work. It is general information, not legal advice, and it is not a substitute for an attorney on a specific deal. Amendly is not a law firm. Forms are named and described here; their text is not reproduced. Amendly is not affiliated with or endorsed by the California Association of REALTORS® or any state agency.