Nicole McGowanREALTOR®, MRP, SRS
Real Estate Terms, Explained

What Is a Home Sale Contingency?

And Will a Seller Accept One? Buying and Selling at the Same Time Around Fort Walton Beach

Fort Walton Beach
  • Navarre
  • Crestview
  • Niceville
  • Shalimar
  • Mary Esther
  • Destin
  • Freeport

You found the next home, but your equity is tied up in the one you live in now. A home sale contingency lets you make an offer that depends on your current home selling first. It can be a great tool, and it comes with a few rules worth knowing before you write that offer.

What it isWill a seller accept it?The 72-hour kick-out
The Short Answer

You Buy, If Your Home Sells

A home sale contingency is a condition in your offer that says you'll buy the new home only if your current home sells. It protects you from owning two homes at once, or from losing your deposit if your sale doesn't come together. Open the cards below for the details.

Home Sale Contingencies, ExplainedWhat it is and why buyers use one
What is a home sale contingency?
A condition in your offer that says you'll buy the new home only if your current home sells first.
Why would a buyer need a home sale contingency?
Often because the equity from their current home is what pays for the next one.
Is the closing date guaranteed with a home sale contingency?
Not quite. You can set a closing date, but it depends on your own home selling in time.
Do you need a home sale contingency to buy and sell at once?
Not always. Depending on the rest of the offer, some sellers won't require one at all.
Will a Seller Accept a Home Sale Contingency?What makes a seller more comfortable
Is your current home already listed for sale?
It should be. Sellers are much more comfortable when your home is already on the market.
Is your current home already under contract?
Even better. Once your buyer's inspection and appraisal are done, your path to closing is much clearer.
How strong is the rest of your offer?
Price, terms and timing all matter. A strong offer can make a contingency easier to say yes to.
How much interest does the seller's home have?
If other buyers are lining up, a seller may be less willing to wait on your sale.
Agent Tip From Nicole

If you need to sell before you buy, have your home on the market before you make an offer, and if you can, under contract. Sellers around Fort Walton Beach, Navarre and Crestview take a contingent offer much more seriously when they can see your own sale is already moving.

Tap Each Stage

Follow a Contingent Offer to the Finish Line

Your Offer Includes the Contingency

Your offer on the new home says the purchase depends on your current home selling. The seller decides whether to accept it.

Closer to the finish line
New homeContingent offer

Your Current Home Is on the Market

Ideally it's already listed before your offer goes in. Now the goal is finding the right buyer for it.

Closer to the finish line
Your homeActiveKick-out riskHigher

Your Home Goes Under Contract

You've accepted an offer on your home. Your buyer's inspection and appraisal are now underway.

Closer to the finish line
Your homeUnder contract

Both Sets of Checks Clear

Your buyer's inspection period and appraisal are done, and so are yours on the new home. The dots are lining up.

Closer to the finish line
Both homesHeading to closing

Two Closings, One Move

Your home closes, the equity is ready, and you close on your new home. Often both happen close together, sometimes even the same day.

Closer to the finish line
YouMoved in
Spotlight

The 72-Hour Kick-Out Clause

When a seller accepts a home sale contingency, they'll often ask for a kick-out clause. It lets them keep the home on the market. If another offer comes in that they want to accept, the clock starts. Tap below to see how it plays out.

72:00

Hours to decide

Your contingent offer was accepted with a 72-hour kick-out. The seller keeps the home on the market, and the listing notes the kick-out clause.

Kick-Out Clause QuestionsHow the 72 hours really work
What is a 72-hour kick-out clause?
It lets the seller keep marketing the home. If they accept another offer, you get 72 hours to decide.
What starts the 72-hour clock?
The seller's agent sends your agent the new accepted contract, with personal details blacked out.
What are your choices when the clock starts?
Remove your home sale contingency and move forward, or step away from the deal.
Do you get your earnest money back if you step away?
Usually, yes. But money you spent on a home inspection can't be refunded.
Can the seller keep showing the home during a kick-out?
Yes. The listing notes the kick-out clause so new buyers know.
What does a kick-out clause mean for other buyers?
They can't see the first offer's price or terms, so it's harder to know what to offer.
Why might another buyer's offer win out?
They may offer more, pay cash, skip repairs or close quickly, with no sale of their own to wait on.
Is the kick-out clause always used?
No. It depends on the seller, the offer and how the two agents work it out.
Agent Tip From Nicole

If your offer has a kick-out clause and your own home isn't under contract yet, think carefully before paying for an inspection. If the clock starts and you step away, your earnest money usually comes back, but the inspection fee doesn't.

The Takeaway

Every Situation Is a Little Different

A home sale contingency can make buying your next home possible before your current one sells. Whether a seller says yes depends on where your sale stands, the rest of your offer, and how well the two agents communicate. Sometimes it isn't needed at all.

Insider Tip

With two homes and two sets of deadlines, plus a possible 72-hour clock, a lot is moving at once. Keeping track of every date on both sides, and reminding you of each one, is your agent's job.

Need to sell and buy at the same time? Text me.We'll map out both moves so your sale and your purchase line up.
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Serving Fort Walton Beach · Shalimar · Niceville · Navarre · Crestview