✂️ What Is a Severability Clause in Real Estate?

A Severability Clause in real estate ensures that if one part of the contract is found invalid, unenforceable, or illegal, the rest of the agreement remains fully valid. This clause protects the contract from being thrown out entirely because of a single problematic section.

How a Severability Clause Works

A severability clause acts as a safety net for the contract. If a court or legal authority rules that one clause—or even just one sentence—cannot be enforced, the rest of the contract will still stand.

Common components of a Severability Clause include:

  • Invalid section removal — the problematic clause is removed or ignored.
  • Contract remains binding — all other terms continue to operate normally.
  • Replacement option — some contracts allow a legally valid substitute clause to be added.
  • Protection from complete failure — prevents the entire agreement from collapsing.

This clause ensures stability and predictability by preventing a minor issue from destroying the whole contract.

Why a Severability Clause Matters

Benefits for Buyers:

  • Prevents the contract from collapsing over a small wording issue.
  • Ensures key protections remain enforceable even if one part fails.
  • Creates a smoother path to closing with fewer legal risks.
  • Reduces the chance of disputes related to technicalities.

Benefits for Sellers:

  • Protects the agreement if a minor clause is deemed unenforceable.
  • Helps ensure the sale continues without renegotiation.
  • Strengthens overall contract reliability.
  • Reduces legal exposure from ambiguous or outdated wording.

Example of a Severability Clause

A typical severability clause might state:

  • “If any provision of this Contract is held unenforceable, the remaining provisions shall remain in full force and effect.”
  • “The parties agree that any invalid or illegal term shall be modified to the minimum extent necessary to make it enforceable.”
  • “The removal of an invalid clause does not affect the intent or validity of the remaining contract.”

This ensures the contract continues smoothly even when a specific clause cannot be enforced.

Why It Matters for FSBO Sellers

FSBO sellers often use standard contracts without legal customization. A severability clause adds protection by preventing legal issues from voiding the entire contract.

  • Helps maintain the deal even if one clause is problematic.
  • Prevents buyers from using minor issues to cancel the contract.
  • Protects sellers from unintended legal consequences.
  • Ensures only the invalid clause is removed—not the entire agreement.

When listing with Flat Fee MLS through Brokerless, sellers gain access to contracts with essential legal safeguards like severability.

Frequently Asked Questions

Does a severability clause apply to major contract terms?
Usually no. If a core term (like price or property description) is invalid, the contract may still fail.

Is the clause legally enforceable?
Yes. Courts typically uphold severability clauses when they are clearly written.

Can a severed clause be replaced?
Some contracts allow replacing an invalid clause with a similar enforceable version.

Why is a severability clause important?
It keeps the contract intact even if one section is unenforceable, protecting both buyer and seller.