How does the insurance contingency work when you buy a California home?
The California Association of Realtors' standard purchase agreement, in its June 2026 version, gives you 17 days after acceptance, by default, to decide on insurance. If you cannot get insurance at a cost you accept, the insurance contingency lets you cancel in writing while it is open. Your deposit should then come back to you, less escrow fees and costs charged to you.
The short version
- The insurance contingency gives you 17 days after acceptance by default, and your offer can set a different number of days.
- The insurance contingency does not end on its own: you remove it in writing, or the seller cancels after a Notice to Buyer to Perform.
- If you cannot get insurance, the loan contingency will not let you out, so settle insurance before you remove the insurance contingency.
- Start the insurance search the day your offer is accepted, or sooner, so the answer arrives before the deadline.
What does the insurance contingency say?
The standard California purchase agreement is a contract form from the California Association of Realtors (C.A.R.), not a law. Its June 2026 version, C.A.R. Form RPA, Revised 6/26, gives insurance its own contingency in paragraph 8D.
A counter offer or addendum can change these terms, and some sales use a different form, so check your own contract.
The test is your own judgment: can you get the insurance you want, and do you approve its cost? Paragraph 8D makes the agreement "contingent upon Buyer's assessment of the availability and approval of the cost" of the insurance you want.
Fire insurance is part of it. Paragraph 8A says your "ability to obtain insurance for the Property, including fire insurance, is part of Buyer's Insurance contingency."
The default is 17 days after acceptance, and your offer can name a different number. The form counts calendar days: the day after acceptance is day 1, and each deadline ends at 11:59 pm. If the last day falls on a weekend or legal holiday, you get until the next day that is not one.
Your inspection period does not cover insurance. Paragraph 12 says your investigations do not include "an assessment of the availability and cost" of homeowners, flood or fire insurance.
How is it different from the loan contingency?
The loan contingency covers a loan you cannot get. It does not cover insurance you cannot get, even when your lender requires that insurance.
Paragraph 8A says it plainly: "Failure of Buyer to obtain insurance may justify cancellation based on the Insurance contingency but not the loan contingency."
The June 2026 version made the point clearer. Say you waived or removed the insurance contingency, and your lender will not fund the loan without insurance. If you otherwise qualify, the loan contingency gives you no right to cancel.
C.A.R. described that change as a clarification "that loan contingency cannot be used if buyer is unable to obtain insurance."
| Insurance contingency | Loan contingency | |
|---|---|---|
| Where it sits | Paragraph 8D, line 3L(4) of the form's table | Paragraph 8A, line 3L(1) of the form's table |
| Default period | 17 days after acceptance | 17 days after acceptance |
| What it turns on | Your assessment of availability, and your approval of the cost | Getting the loan named in your offer |
| If you cannot get insurance | May justify canceling, the form says | Not a way out, the form says |
| How it ends | You remove it or cancel in writing, or the seller cancels after a Notice to Buyer to Perform | You remove it or cancel in writing, or the seller cancels after a Notice to Buyer to Perform |
How do you remove the contingency, or cancel?
Either way, you act in writing, usually on C.A.R.'s Buyer's Contingency Removal (CR-B) or its cancellation form (CC). The form says any removal or cancellation "must be exercised in good faith and in writing."
The deadline does not end the contingency by itself. Starting 2 days before it, the seller may send a Notice to Buyer to Perform. You then have at least 2 days after it arrives, and never less than your full period, to remove the contingency or cancel.
Until the seller cancels, you keep the right to remove the contingency or cancel under it (paragraph 14B(4)). If the seller does cancel after that notice, the seller must authorize your deposit's return, "except for fees incurred by Buyer."
Your deposit is most at risk after you remove the contingency. The form then treats you as having "elected to proceed with the transaction," so an insurance problem after that is yours to solve.
Need more time? The form allows changes to its time periods only "by mutual written agreement," so ask the seller for an extension before the date passes.
What should you do while the contingency is open?
Start the insurance search the day your offer is accepted, or before you offer. The form itself advises you "to investigate the insurability of the Property as early as possible, as this may be a requirement for lending."
If you are borrowing, read what your lender needs before it can fund, because that paperwork runs on its own clock.
Work through these steps inside the period.
- Write down the date and time the contingency period ends, counting calendar days.
- Ask for quotes on the address, standard insurers first.
- Ask your lender, in writing, whether it accepts the policy you are offered.
- Decide whether the price and the coverage work for you before you sign any removal.
- If you need more time, ask the seller for a written extension before the period ends.
- If the answer is no, cancel in writing while the contingency is still open.
What if no standard insurer will take the home?
Then the search moves to specialty insurers (the technical name is surplus lines). They exist for homes the standard insurers turn down.
The California FAIR Plan, the state's fallback fire insurance program, comes last, because a FAIR Plan policy covers less than a homeowners policy. How the FAIR Plan works explains what it leaves out.
Whatever comes back, the choice is yours under the contingency: can you get that insurance at a cost you approve? Before you remove anything, ask your lender in writing whether it accepts the policy.
Should you waive the insurance contingency to win an offer?
You can waive it in your offer, but the form warns against doing it blind. Paragraph 8I says waiving a contingency "without an adequate understanding" of the home or of your ability to buy is acting against your agent's advice.
Waive it, and an insurance surprise later is yours alone: the loan contingency will not cover it. A shorter insurance period backed by a quote you already have is a safer way to make your offer stronger.
Checking insurance before you make an offer is how you get that quote early.
Questions people ask us
Does the insurance contingency expire after 17 days?
No. The insurance contingency stays open until you remove it in writing, or until the seller cancels after a Notice to Buyer to Perform. That notice must give you at least 2 days to act.
Can I cancel if insurance is available but costs too much?
The insurance contingency turns on "Buyer's assessment of the availability and approval of the cost" of the insurance you want, so cost is part of the test. A cancellation must be in writing and in good faith. If the seller disputes yours, a real estate attorney can tell you where you stand.
Will the loan contingency protect me if I can't get insurance?
No, the loan contingency does not cover insurance. In C.A.R.'s standard purchase agreement, failing to get insurance may justify canceling under the insurance contingency, not the loan contingency. Keep the insurance contingency open until you have an answer you accept.
What if only the FAIR Plan will insure the home?
A FAIR Plan policy covers fire and smoke, plus wind and hail if you add them. It does not cover water damage from a burst pipe, theft, or someone getting hurt on your property. Ask your lender in writing whether it accepts that policy, and decide before you remove the insurance contingency.
What if the seller won't release my deposit after I cancel?
Escrow releases a deposit only when both of you sign, or a court or arbitrator decides, C.A.R.'s standard purchase agreement says. Under Civil Code section 1057.3, someone who refuses to sign for 30 days after a written demand, without a good faith dispute, can owe damages and attorney's fees. A real estate attorney can tell you how that applies.
Sources
- California Residential Purchase Agreement and Joint Escrow Instructions (C.A.R. Form RPA, Revised 6/26)California Association of REALTORS
- June 2026 Forms Release Quick SummaryCalifornia Association of REALTORS
- California Civil Code Section 1057.3California Legislative Information
- California Insurance Code Section 1780.50California Legislative Information
- DwellingCalifornia FAIR Plan Association
- Dwelling Property Policy, form CFP 00 01 (05/2026)California FAIR Plan Association