Notice to Buyer to Perform (and Seller to Perform) in California
A Notice to Buyer to Perform (C.A.R. form NBP) is the written warning a California seller delivers when a buyer has missed a contract deadline, most often the date to remove a contingency. It gives the buyer a short final window to perform or cancel, and only if the buyer does neither may the seller cancel the contract in writing. Agent and legal explainers describe that window as two days after delivery but disagree on whether weekends and holidays count, so check the period in your notice and the contract’s definition of “Days.” The Notice to Seller to Perform (NSP) is the mirror-image form a buyer uses when the seller has fallen behind.
Missing a deadline under the standard California purchase agreement usually does not end the deal by itself. The notice is the step that turns a missed date into a right to cancel, and it is where buyers, sellers and agents most often get the order wrong. This page walks through when each notice is used, how the timeline runs, what each side can and cannot do, and what happens to the deposit afterward.
The forms involved
C.A.R. released a redesigned purchase agreement in December 2025, and its text, like the notice forms, is open only to members. The revision dates below for the notice and removal forms are from C.A.R.’s public forms list (updated June 2026), which may lag behind new releases, so check the version printed on the forms you sign.
| Form | Code | Revision shown on C.A.R.’s list | Who sends it |
|---|---|---|---|
| California Residential Purchase Agreement | RPA | Redesigned December 2025; check the version you signed | Both parties sign |
| Notice to Buyer to Perform | NBP | June 2024 | Seller |
| Notice to Seller to Perform | NSP | December 2021 | Buyer |
| Buyer’s Contingency Removal | CR-B | June 2024 | Buyer |
| Seller’s Contingency Removal | CR-S | December 2024 | Seller |
| Cancellation of Contract, Release of Deposit and Joint Escrow Instructions | CC | June 2024 | Either party |
C.A.R. makes the form text available only to members, so the mechanics below follow how California agents and our guide to the California purchase agreement describe them. The exact wording, including how “Days” are counted, is in the paragraphs of the version you signed.
Why a missed deadline doesn’t end the contract by itself
Under the C.A.R. purchase agreement as commonly used, contingencies are removed actively: the buyer signs a written removal. If the deadline passes without one, the contingency stays in place, and the buyer generally keeps the right to cancel under it. Our article on how contingencies work in a California purchase covers each one.
That arrangement protects buyers from losing a contingency through a calendar slip, but it would leave sellers stuck indefinitely. The notice to perform is the balance: it lets the seller force a decision. Until the seller delivers it and the response window runs out, the seller usually has no right to cancel just because the buyer is late.
When a seller uses a Notice to Buyer to Perform
The most common trigger is a contingency removal that did not arrive on time. Agents also use it for other buyer obligations the contract lists, such as delivering the deposit to escrow by the agreed date. Typical situations:
- The investigation period ended without a removal or a request for repair resolved in writing.
- The loan contingency date passed and the buyer has not removed it or cancelled.
- The appraisal contingency deadline passed with no word from the buyer.
- The deposit did not reach escrow within the time the contract allows.
Check whether your version of the purchase agreement limits how early the notice may be delivered before the deadline it concerns. A notice delivered too soon, or naming the wrong item, may not be effective, so have your agent match it to the paragraph and date that were actually missed.
How the timeline runs
Agent and legal explainers describe the buyer’s response window as two days after the notice is delivered. They differ on whether weekends and holidays count, and the purchase agreement’s own definition of “Days” settles that question for your contract. A hypothetical sequence, counted in contract days from acceptance:
- Day 0: The seller accepts the offer. The contract in this example gives the buyer 17 days to remove the investigation contingency.
- Day 17: The deadline passes with no removal and no cancellation. The contingency is still in effect.
- Day 18: The seller signs and delivers an NBP naming the investigation contingency.
- Day 20: The buyer’s window closes, assuming a two-day period counted as the contract defines Days. Before it closes the buyer can remove the contingency, cancel, or reach a signed extension with the seller.
- Day 21: If the buyer did none of those, the seller may now cancel by delivering a written cancellation, typically on form CC.
Every date in that list is illustrative. Our planned contract deadline calculator helps count real dates, and your agent should confirm each one against the signed contract.
What a buyer can do after receiving an NBP
An NBP is not a cancellation. It is a deadline. A buyer has four realistic responses:
- Remove the contingency. Sign and deliver a Buyer’s Contingency Removal before the window closes. After removal, the deposit is at greater risk if you later fail to close.
- Cancel. If the contingency still applies, deliver a cancellation under it. Our guide to cancelling a home purchase in California covers the steps.
- Ask for more time. An extension is valid only if both sides sign a written amendment. A seller’s verbal “take a few more days” does not change the contract.
- Do nothing. This is the risky choice. Once the window closes, the seller can cancel, and the buyer may be left arguing over the deposit.
If the delay is a lender or appraiser running late, tell the seller’s side early and in writing. Sellers are often willing to sign a short extension when they can see the loan is moving.
What a seller can and cannot do
The notice gives the seller leverage, but not unlimited leverage. Keep these limits in mind:
- Don’t skip the notice. Treating a late removal as an automatic right to cancel risks a wrongful-cancellation claim. Deliver the NBP first and wait out the window.
- Cancel in writing. When the window closes without a response, the seller must still deliver a cancellation. Walking away or accepting a new offer without it leaves the first contract alive. Our page on when a seller can back out explains the exposure.
- Don’t keep the deposit by default. A cancellation after an NBP does not by itself give the seller the deposit. A buyer who cancelled properly under a contingency is usually entitled to it back.
- Be consistent. Continuing to negotiate after the window closes, or accepting a late removal, can make it harder to argue later that the buyer was in default.
A seller who wants to keep marketing the home as a fallback can accept a backup offer while the first contract is in place. A backup does not replace the need to cancel the first contract properly.
The Notice to Seller to Perform
Sellers have deadlines too. A buyer uses the NSP when the seller has not delivered something the contract requires, such as disclosures or reports, or has not signed documents escrow needs. The same logic applies: the notice gives the seller a final window, and only then may the buyer cancel under the contract’s terms.
For required disclosures, California’s disclosure statutes also give buyers their own cancellation rights after late delivery, separate from the NSP. Our guide to California seller disclosures explains them.
What happens to the deposit after cancellation
The CC form doubles as joint escrow instructions: both parties sign to release the deposit, and escrow generally will not release funds without both signatures. When one side refuses, Civil Code section 1057.3 applies to purchases of one to four residential units where the buyer intends to live in one.
Under that section, a buyer or seller who fails to sign a release within 30 days of a written demand can be liable for the amount wrongly withheld, plus treble damages of not less than $100 or more than $1,000, and attorney’s fees. There is no liability if the funds are held over a good faith dispute. The statute also says signing an escrow release does not cancel the contract unless the document specifically says so, which is why the cancellation and the release are handled together.
Whether a seller can keep any part of a deposit depends on the contract, including any liquidated damages clause both parties initialed. Our earnest money deposit guide covers when a deposit is at risk.
Questions people ask
What is a Notice to Buyer to Perform in California?
It is C.A.R. form NBP, which a seller delivers after a buyer misses a contract deadline. It gives the buyer a short window to perform or cancel before the seller may cancel in writing.
How long does a buyer have to respond to an NBP?
Agent and legal explainers describe two days after delivery, but they disagree on whether weekends and holidays count. Your notice and the definition of Days in your signed purchase agreement settle it, so check both.
What happens after a notice to perform expires?
If the buyer did not perform, cancel or sign an extension, the seller may cancel the contract by delivering a written cancellation, usually form CC. The contract does not end on its own.
Can a seller cancel without sending a notice to perform?
Generally not for a missed contingency removal under the C.A.R. contract, because the contingency stays in place until removed. Other grounds may apply, so a seller should check the contract with their agent or an attorney.
Does the buyer lose the deposit after an NBP?
Not automatically. A buyer who cancels properly under a contingency is usually entitled to the deposit back. Disputes are handled under the contract and, for owner-occupied homes of one to four units, Civil Code section 1057.3.
What is a Notice to Seller to Perform?
It is C.A.R. form NSP, which a buyer uses when the seller has missed a contract obligation, such as delivering disclosures or reports. It gives the seller a final window before the buyer may cancel under the contract.
Can a buyer get more time after receiving an NBP?
Only if the seller agrees in a signed written amendment. Ask early and explain the reason, such as a delayed appraisal or loan approval.
This is general information, not legal advice. Notice timing, delivery and the right to a deposit are contract questions that turn on your exact forms and dates, so talk to a California real estate attorney before cancelling or refusing to release funds.
If you are in escrow and a deadline is slipping, Diamond can review the dates with you and explain your options; contact us or, if you are still shopping, see how we help buyers. The full sequence is in our home buying process guide, and terms are defined in the real estate glossary.
Sources & notes
- California Association of REALTORS®: List of standard forms (updated June 2026; NBP rev. 2024-06, NSP rev. 2021-12, CC rev. 2024-06, CR-B rev. 2024-06, CR-S rev. 2024-12)
- California Civil Code section 1057.3 (release of escrow funds), via California Public Law
- Sebastian Frey (Silicon Valley broker): article on California notices to perform (response window and common triggers)
- LegalClarity: Notice to Perform in California Real Estate: When and How (May 15, 2026)
- C.A.R. Business Products: Your Guide to the California Residential Purchase Agreement (RPA), covering the redesigned agreement (guide revised December 2025)
Last reviewed October 2026 by Matthew Martinez.
