Home Sale Contingency? How a Kick-Out Clause Protects You

If you’re selling your home and receive an offer with a home sale contingency, you don’t have to pause your plans. A kick-out clause allows you to accept the offer while staying flexible — giving you the power to keep marketing your home in case a better offer comes along.

🏡 What Is a Home Sale Contingency?

A home sale contingency lets a buyer make an offer on your property even though they still need to sell their current home first. It gives them protection — but it can also delay your closing if their sale falls through or takes longer than expected.

💡 How a Kick-Out Clause Works

When you include a kick-out clause, you’re agreeing to the buyer’s contingent offer — but keeping the right to continue showing your home. If another qualified buyer submits a non-contingent offer, you can “kick out” the first buyer unless they remove their contingency within a set period (typically 48–72 hours).

  • You can accept backup offers without voiding the first contract.
  • The first buyer must decide whether to move forward or step aside.
  • You maintain leverage and minimize time off the market.

📘 Example Scenario

Imagine a buyer offers $400,000 for your home, but their purchase depends on selling their existing property. You accept — with a kick-out clause. Two weeks later, another buyer offers $410,000 with no contingency. You notify the first buyer, who has 72 hours to remove their contingency or withdraw. Either way, you stay in control and avoid being stuck waiting.

🔑 Why FSBO Sellers Should Use It

  • Protects your timeline and keeps your property active on the market
  • Encourages serious buyers to commit faster
  • Prevents your sale from falling through due to another buyer’s delay

If you’re listing your home through a Flat Fee MLS with Brokerless, you can specify a kick-out clause right in your offer terms.

📚 Related Reading

❓ Frequently Asked Questions

1. What is a kick-out clause in a real estate contract?

A kick-out clause allows a seller to accept a buyer’s contingent offer while continuing to market the property. If another buyer submits a stronger offer, the seller can “kick out” the first buyer unless they remove their contingency within a set time frame, usually 48–72 hours.

2. Can I still show my home after accepting a contingent offer?

Yes. When your contract includes a kick-out clause, you can keep showing the home and accepting backup offers. This ensures your listing stays active on the MLS until the buyer removes their contingency or finalizes financing.

3. Should FSBO sellers include a kick-out clause?

Absolutely. For For Sale By Owner sellers, a kick-out clause provides flexibility and protection. It helps you avoid long delays and keep your property visible to new buyers — especially when listed on the Flat Fee MLS with Brokerless.

4. How long does a buyer have to respond to a kick-out notice?

The response window is typically 48 to 72 hours, depending on what’s written in the contract. If the buyer doesn’t remove their contingency in time, the seller can proceed with the new offer while staying compliant with the contract terms.

Sell Smarter and Stay in Control with Brokerless

List your property on the MLS for one flat fee and reach qualified buyers, including those making cash or contingent offers — all while keeping full control of your sale.

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