If you need more time on inspections, appraisal, or your loan, the answer is usually a written extension — not letting a deadline slide and hoping for the best.
Why ask for an extension
Real escrows slip: an inspection report is delayed, a specialty inspector is booked out, the appraisal comes in late, or underwriting needs another document. Rather than removing a contingency before you’re ready — which exposes your deposit — or letting the deadline lapse and inviting a Notice to Buyer to Perform, the right move is to request more time in writing and get the seller’s agreement.
How to request more time
Extensions are documented in writing, commonly on a C.A.R. Extension of Time Addendum or a general addendum that both parties sign. The request should be specific: which contingency, the new date, and the reason if helpful. An extension is a negotiation — the seller can agree, counter (for example, agree to a shorter extension), or decline. Ask early, before the deadline, rather than after it has passed.
The seller’s Notice to Buyer to Perform (NBP)
If a contingency’s time period elapses and the buyer hasn’t removed it (and there’s no agreed extension), the seller’s tool is the C.A.R. Notice to Buyer to Perform (NBP). The NBP formally tells the buyer to act — remove the contingency or perform the obligation — within a short window. The default is 2 days (verify the current C.A.R. RPA/NBP). The NBP can’t be delivered earlier than the contract allows, and it must give the full notice period.
What happens after an NBP
Once an NBP is delivered, the buyer should respond promptly — either by removing the contingency, performing the required act, or negotiating an extension. If the buyer still does nothing after the notice period, the seller may cancel. Importantly, per the C.A.R. forms, a seller who cancels after delivering an NBP must authorize the deposit’s release back to the buyer — an NBP cancellation is not how a seller keeps a deposit.
Practical tips
Communicate early and in writing; don’t let deadlines pass silently. If you see a delay coming, ask for the extension before the date hits — it’s far easier to grant in advance than to unwind after an NBP is on the table. Sellers, conversely, should track contingency dates and be ready to issue an NBP rather than assuming a lapsed buyer has waived anything (California is an active-removal state).
Disclaimer
Brian Cooper is a licensed California REALTOR® with eXp Realty — not an attorney. This page is general information about common California real-estate practice under the C.A.R. Residential Purchase Agreement (RPA); it is not legal advice and does not create an agent-client relationship. Contract defaults can be changed by negotiation, the C.A.R. forms are revised periodically, and your transaction may differ. Always confirm the current C.A.R. forms and the exact terms written into your contract, and for any dispute — especially over a deposit — consult a qualified California real estate attorney.
Frequently Asked Questions
How do I ask for more time on a contingency in California?
Request it in writing — typically a C.A.R. Extension of Time Addendum or general addendum — that both parties sign. Ask before the deadline, and remember the seller can agree, counter, or decline.
What is a Notice to Buyer to Perform (NBP)?
A C.A.R. form a seller delivers when a buyer hasn’t removed a contingency or performed an obligation after the period elapses. It gives the buyer a short window — a 2-day default — to act before the seller can cancel.
How many days does an NBP give the buyer?
The default is 2 days — verify the current C.A.R. RPA/NBP. The notice can’t be delivered earlier than the contract allows and must give the full period.
If the seller cancels after an NBP, do they keep my deposit?
No. Per the C.A.R. forms, a seller who cancels after delivering an NBP must authorize the release of the deposit back to the buyer. An NBP cancellation is not how a seller keeps earnest money.
Can the seller refuse to extend my contingency?
Yes. An extension is a negotiation, not a right. If the seller declines and you can’t remove the contingency in time, you may face an NBP — so ask early and keep the seller informed.
Is letting a deadline lapse the same as cancelling?
No. In California (active removal), a lapsed deadline doesn’t cancel the deal or waive the contingency — it simply lets the seller issue an NBP. Don’t rely on silence; act in writing.
