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Real Estate
Updated 1 November 2026

Do You Lose Your Earnest Money If You Cancel Because The Appraisal Comes In Low?

A low appraisal can derail your purchase, but does that mean your earnest money is gone too? The answer depends entirely on one clause in your contract.

General information, not professional advice — see terms of use.

In most cases, you do not lose your earnest money if you cancel the purchase because the appraisal came in low, as long as your contract included an appraisal contingency. This clause protects buyers specifically for this situation: it gives you the legal right to walk away and get your deposit back if the home doesn't appraise for at least the agreed purchase price.

An appraisal contingency is a standard part of most residential purchase contracts, especially when the buyer is financing with a mortgage. It typically gives you a set number of days after the appraisal is completed to respond. If the appraised value comes in below the purchase price and you can't or don't want to make up the difference in cash, the contingency lets you terminate the contract without penalty. Your earnest money, which is usually held in an escrow account by a title company, real estate brokerage, or attorney, gets returned to you.

The key risk is whether that contingency actually exists in your contract and whether you followed its rules exactly. Some buyers, particularly in competitive markets, waive the appraisal contingency to make their offer more attractive to sellers. If you waived it, or if you missed the deadline to invoke it, you likely cannot back out over a low appraisal without forfeiting your earnest money, because you'd be in breach of contract rather than exercising a protected right.

Even with a contingency in place, you generally can't just walk away silently. Most contracts require written notice to the seller within the specified timeframe, stating that you're terminating due to the low appraisal. Miss that window, and you may lose the protection even though the contingency existed on paper.

It's also worth knowing that a low appraisal doesn't automatically end the deal. Buyers and sellers often negotiate first: the seller might lower the price to match the appraisal, the buyer might agree to pay the difference in cash, or both sides might split the gap. Canceling and forfeiting a potential home is usually a last resort after these negotiations fail, not the first move.

Before you sign any purchase agreement, read the appraisal contingency language carefully, or have your real estate agent or attorney walk you through it. Pay attention to the deadline for notifying the seller and whether the contingency is automatically included or something you have to specifically request. If you're already under contract and the appraisal just came back low, don't assume anything: pull out your contract, confirm the contingency and its deadline, and talk to your agent or a real estate attorney before taking any action that could put your deposit at risk.

Follow-up questions

What if the seller refuses to lower the price after a low appraisal?

If you have an appraisal contingency, you can cancel and reclaim your earnest money if the seller won't budge and you don't want to cover the gap in cash. Without that contingency, you'd either need to pay the difference, renegotiate, or risk losing your deposit by walking away.

Can I get a second appraisal if I think the first one was inaccurate?

Yes, you can request a reconsideration of value from the lender or pay for an independent second appraisal, though the seller isn't obligated to wait for it. Many buyers pursue this route before invoking the contingency, especially if the first appraisal seems flawed or used poor comparable sales.

Does an appraisal contingency protect cash buyers too?

Appraisal contingencies mainly benefit financed buyers because lenders won't loan more than the appraised value. Cash buyers can still include one for protection, but since there's no lender requiring an appraisal, it's less common and often negotiated away to strengthen the offer.

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This page is general information, not professional advice, and it may not reflect the latest rules where you live. For your own situation, talk to a qualified adviser. Spotted an error? Email per@upperia.se and we will fix it.