Glossary · Closing & Contracts

Financing Contingency

The clause that protects a financed buyer's deposit, with deadlines that do the real work.

← All glossary terms
Quick definition
A financing contingency conditions the purchase on the buyer obtaining loan approval by a negotiated deadline (the 'loan approval period'). If the buyer applies promptly, acts in good faith, and is denied within the period, the contract can be terminated with the deposit returned. The trap is procedural: deposits are usually lost not to denials but to missed deadlines and late terminations.

The buyer's obligations

The contingency is not passive. The FAR/BAR forms require the buyer to apply within a stated number of days, pursue approval diligently and in good faith, and notify the seller by the deadline if approval hasn't been obtained. A buyer who never completes the application, or who torpedoes their own approval (new car loan mid-process), can't hide behind the contingency.

Waiving it: the cash-offer effect

In competitive situations buyers sometimes waive financing to compete with cash. That converts a loan denial into a lost deposit. A middle path is shortening the loan approval period rather than deleting it. For sellers, our market pages show what share of closings are actually cash — worth knowing before demanding waived financing.

Appraisal is a separate question

Loan approval and appraisal are distinct: a loan can be approved subject to value. Whether a low appraisal lets the buyer exit, renegotiate, or must be covered in cash depends on the appraisal provisions of the specific contract — read them together with the financing clause.

Common questions.

Does a loan denial automatically return my deposit in Florida?
Only if the financing contingency is still live and its conditions were met — timely application, good-faith pursuit, and termination within the loan approval period. Late notice can forfeit the protection.
What is a typical loan approval period?
Negotiated case by case — often 20 to 30 days in Florida practice, sometimes shorter in competitive markets. The date in the contract is the only one that matters.
Should I waive financing to compete with cash offers?
Understand the risk precisely: a waived contingency means a denial costs your deposit. Discuss shortening the period or strengthening other terms with your agent and lender before waiving protection entirely.

Have a question about a Florida real estate transaction?

Talk to Jon or Brittany directly. We'll answer specific questions or connect you with the right Momentum agent.

Talk to founders →