Under Contract but Having Second Thoughts Before Deposit

Under Contract but Having Second Thoughts Before Deposit

Member since 2026 · 20 posts · 17 votes

Hi everyone,

I recently signed an agreement of sale for a single-family home in Philadelphia. The seller just signed the contract as well, so I understand we are now technically under contract.

The agreement is contingent on inspection. After thinking it over more carefully, I’ve realized I may not actually want to move forward with the property. My concern is that paying for the inspection may just be a waste of money if I already know I’m leaning toward backing out.

One important detail: I have not yet paid the 1% initial deposit.

My question is: if the contract has been signed by both parties but I have not yet submitted the initial deposit, is there any way to cancel before paying that deposit? Or would I still need to follow the inspection-contingency process and formally terminate after the inspection period begins?

I understand this may depend on the exact contract language, and I’ll speak with my agent, but I’d appreciate any practical insight from people who have dealt with this before in Pennsylvania.

Thanks.

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Alan AsriantsBusiness Member
Real Estate Agent · Philadelphia, PA · Member since 2019 · 1k+ posts · 1k+ votes
4mo
Quote from @Stuart Udis:

What has you less enthusiastic about this property now before conducting any diligence?


 This is the first question I would ask too. That being said if you don't submit your deposit and box 26G in the standard agreement of sale is check off (Seller is limited to retaining those sums paid by buyer...) then you are not liable for anything if you don't submit a deposit - however that is a bad look. But its better than continuing to waste time in the deal. 

Alan Asriants - New Century Real Estate 591 Reviews
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  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    4mo

    I assume this means you were supposed to deliver an earnest money check to your realtor or someone else and you haven't done so yet.

    It depends on the language of the contract. Many inspection contingencies don't mean that you have to have a licensed inspector inspect the property - the inspector can be you. So you should have probably delivered your money already, and your agent should have made you do so, but if you can cancel with any inspection for any reason, then there's probably no reason to go forward at all - you can just tell your agent you aren't going to move forward and they can deal with it from there. 

    I have never made it a habit to cancel a contract but I have done a few in all the years I've been in RE. I'm pretty sure all of them were done during the inspection contingency. 

    Skyline Properties
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  • Stuart UdisPro Member
    Attorney · Philadelphia · Member since 2018 · 2k+ posts · 3k+ votes
    4mo

    What has you less enthusiastic about this property now before conducting any diligence?

    • Alan AsriantsBusiness Member
      Real Estate Agent · Philadelphia, PA · Member since 2019 · 1k+ posts · 1k+ votes
      4mo
      Quote from @Stuart Udis:

      What has you less enthusiastic about this property now before conducting any diligence?


       This is the first question I would ask too. That being said if you don't submit your deposit and box 26G in the standard agreement of sale is check off (Seller is limited to retaining those sums paid by buyer...) then you are not liable for anything if you don't submit a deposit - however that is a bad look. But its better than continuing to waste time in the deal. 

      Alan Asriants - New Century Real Estate 591 Reviews
      View Page
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    4mo
    Typically agreement is only valid upon receipt of the deposit
    7e investments53 Reviews
  • San Jose, CA · Member since 2026 · 13 posts · 1 vote
    4mo

    cold feet right before deposit is pretty normal. you've still got the inspection period to back out if something's actually wrong with the house.

  • Adam MaciasPro Member
    Real Estate Consultant · Fort Collins, CO · Member since 2022 · 291 posts · 178 votes
    1mo

    This is why you must read the paperwork which you didn't do and that's fine as long as you pay attention to the deadlines. If you have 14 days for an inspection and 5 business days till the EMD is due. Well you have 5 days until the contract is null and void, if you do deposit the EMD you have 14 days before you change your mind. I don't care about anything in a contract more than how easy is it to EXIT a deal.

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