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Depending on how the purchase and sale agreement is written up, failure to perform on a contingency clause may result in the buyer forfeiting their deposit. When it is determined how long should seller give buyer with home contingencies, it is important to understand what notices must be presented to the buyer and whether or not failure to perform puts their deposit in jeopardy. In most cases, a failure to perform clause would allow the buyer to obtain their deposit back from the seller, however, the seller would have to start the home sale procedure again.