How Long Do I Have to Withdraw an Offer to Buy a House? (2024)

If you put in an offer on a house, how long do you have to get out of it without major legal or other hassles?

Let's say you are in the market to buy your first home, but there's a small chance that I might be offered a job in a faraway location within the next several weeks, in which case all your plans will change. If you put in an offer on a house, how long do you have in which to get out of it without major legal or other hassles?

Your ability to withdraw from a home purchase depends on two things:

  1. the exact point at which you are "in contract" to buy the house, and
  2. after you're in contract, what the contract says about terminating the transaction.
In This Article
  • When, Exactly, You're in Contract to Buy a House
  • Getting Out of a Signed Contract to Buy a House
  • Will You Really Lose Your Earnest Money Deposit If You Breach the Contract?

When, Exactly, You're in Contract to Buy a House

You are not "in contract" to buy a house until you (that's the plural "you" if buying as a couple) and the sellers have all signed your names to a purchase agreement. Getting to that point usually takes a few steps.

To get you to that point, in order to place an offer on a house, you will in all likelihood deliver a written offer to the seller, possibly on a standard form. That offer will likely contain an expiration date, so that if the seller doesn't act on it within a given amount of time, the offer dies by itself.

But let's assume that doesn't happen, and that you're placing an offer with a seller who would like nothing more than to sell you the house.

Just how detailed your offer document will be varies across the United States, and could impact the point at which you're in contract. In California, for example, the standard purchase offer is written in the form of a contract, so that the seller could sign it and boom, you'd be in contract to buy; though more often, the seller will come back with a counteroffer (also in the form of a full purchase agreement) hoping that the buyer will sign that amended version.

In New York, by contrast, the buyer delivers a much briefer statement of the terms being offered, and it's up to the seller to draft the full purchase agreement, which the buyer eventually signs off on.

Until both parties have come to an agreement on all the contract terms and actually signed the purchase agreement, neither of you are legally bound to anything, and you can withdraw your offer without any problem. You would simply have your real estate agent get in touch with the seller's agent, most likely orally at first, quickly followed up by a written confirmation.

Getting Out of a Signed Contract to Buy a House

After you are in contract, the situation changes. You are legally bound to go through with the sale, unless one of the contingencies (conditions) set forth in your purchase contract isn't met. The earnest money deposit that you likely put down to accompany your contract might be forfeited if you fail to go through with the deal for a reason not contemplated in the contract.

As a practical matter, most contract contingencies provide major "outs," assuming you included them rather than waiving them to make your offer more tempting to the seller. (In multiple bid situations, for instance, it's becoming increasingly common for offerors to waive the inspection contingency; and anyone with the cash to avoid needing a mortgage would likely waive the financing contingency).

But if you included all the usual contingencies in your contract, and, for example, your home financing doesn't come through, you could cancel the contract. Similarly, if you're not satisfied with the results of the home inspection (which is bound to turn up some defects) you can also call it quits. Talk to your real estate agent or lawyer about your exact rights under the contract, both before signing it and if it turns out that you need to cancel.

Will You Really Lose Your Earnest Money Deposit If You Breach the Contract?

If you need to cancel the contract and can't justify it based on one of the contract contingencies, realize that many sellers will be reasonable and not insist on keeping your entire earnest money deposit; especially when it's clear that your reason for canceling isn't mere fickleness, but due to a major change in your circ*mstances. Again, your real estate agent or attorney is the best one to negotiate this.

For more information, see the Making an Offer on a House page of Nolo's website.

Further Reading

New York Home Buyers: What Does It Mean to Be "In Contract" and What Happens to Your DepositUpdated August 14, 2023
How Much Should I Offer for a House: List Price, Higher, or Lower?Updated December 11, 2023
Co-op Purchase Contracts: What to Watch Out ForUpdated October 04, 2023
How Long Do I Have to Withdraw an Offer to Buy a House? (2024)

FAQs

How long do you have to withdraw an offer? ›

Up until the job offer is accepted by the candidate, the employment offer can be withdrawn at any time. If the offer was conditional, you can also rescind a job offer at any time if it's found that the conditions set out in the offer haven't been met.

What happens if you put an offer on a house and change your mind? ›

Backing out of an offer for a non-contingent reason means you risk losing your earnest money. Since you put that money down based on the promise that you would follow through with the contract, backing out for any reason that's not outlined in the agreement means the seller is legally permitted to keep your money.

Can you back out of a house after accepting offer? ›

Can A Buyer Back Out Of An Accepted Offer? As a home buyer, you can back out of a home purchase agreement. However, with no contingencies written in the contract, you may face costly consequences such as losing your earnest money deposit. As a buyer, the ability to back out of an accepted house offer is good news.

How long do you have to answer an offer? ›

You can justifiably take about a week if you want, but the employer might expect you to respond sooner (as in a situation where they think they've offered you a really good position). Generally, you can wait up to three work days without hurting any feelings if there's not a hard deadline.

At what point can an offer be withdrawn? ›

When you can safely withdraw an offer. The safest time for an employer to withdraw or rescind an offer of employment is before the candidate has accepted the role and signed an employment contract. That's because once both parties have signed a contract, you and the person have agreed to be bound by it.

Can I back out of an offer after accepting? ›

Yes. Technically, anyone can turn down a job offer, back out of a job already started, or renege on an acceptance at any point. Most states operate with what is called “at will employment.” This means the employee and the employer are not in a binding contract.

Is it bad to rescind an offer on a house? ›

If your reasons for backing out aren't related to any of the contingencies in your contract, you may face the following consequences: Losing your earnest deposit: Your deposit is refunded if the deal died due to a contingency-related issue. If not, you may stand to lose that money.

Can a seller accept another offer while under contract? ›

A kick-out clause allows a seller to accept another offer unless the buyer drops their contingencies. Kick-out clauses are most often employed during a seller's market. Home buyers must determine whether they want to follow through with a contingency-free purchase -- and possibly put themselves at risk.

How legally binding is an offer on a house? ›

Offers and Counter Offers are Binding .

All too often people sign offers on the spur of the moment. There is a common misconception that the terms of a real estate purchase agreement can be changed once escrow is opened. This is not true! A written offer is a legally binding document once it is accepted by the seller.

What happens if you change your mind about buying a house before closing? ›

Costs From Backing Out of Buying a House

If you back out of buying a house after signing a purchase and sale agreement, you may lose any earnest money tied to the offer. The average earnest money deposit can be as much as 3% of the home's value. In expensive markets, this could mean tens of thousands of dollars.

Can a seller change their mind after accepting an offer? ›

Occasionally sellers may want to back out of a signed real estate contract – and they can, provided they comply with the terms of the agreement. This can be understandably inconvenient and frustrating for home buyers, but it's a risk with any home purchase.

What happens to earnest money if a buyer backs out? ›

The earnest money deposit serves as the liquidated damages amount in real estate contracts. If the buyer defaults, the seller can keep the deposit regardless of the actual amount of damages. That also means that if the damages are higher than the liquidated damages – you're out of luck!

How long should an offer be valid? ›

Some states have specific rules about an offer's duration. California makes offers void within three days of the seller receiving the offer unless it moves forward. Buyers can add an expiration date to their offer.

Why do sellers take so long to respond to offers? ›

Sellers may take their time to choose which offer is best for them.” Another reason your offer might go unanswered is if it's too low. “If an offer is far from what a seller expected to receive, many times they won't respond at all,” says Parnes.

How long after seeing a house should you make an offer? ›

So when you see what you like, go for it! “If a buyer knows what's out there and what they want, then they should make the offer right away,” says Chris West, a real estate broker and owner of Gustave White Sotheby's International Realty in Newport, RI. “You never know who else is interested, and you could miss out.”

Can you withdraw after accepting an offer? ›

Yes, you can change your mind

However, it's important to know that it is possible to turn down a role after accepting a job offer. Indeed, if you have second thoughts after putting yourself forward for a position, this might be your instincts telling you to reconsider.

Can I withdraw after making an offer? ›

The short answer is yes, a buyer is free to withdraw their offer at any time. However, depending on the contract, there may be penalties for doing so. Many purchase agreements typically include various contingencies meant to protect both parties from a deal that has gone wrong.

When can you legally revoke an offer? ›

Revoking an Offer

Whoever makes an offer can revoke it as long as it hasn't yet been accepted. This means that if you make an offer and the other party wants some time to think it through, or makes a counteroffer with changed terms, you can revoke your original offer.

Can I withdraw a job offer after signing a contract? ›

3 However, if you have signed an employment contract, you'll need to review the terms of the agreement. It may give you an option to withdraw within a certain period of time, or it may require you to give notice. Consider getting legal advice for guidance on the best way to handle the situation.

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