# Home Sale Contingency: What It Is and How It Works

By Opendoor Editorial Team | 2022-06-09


> While it’s a common move, buying and selling a home at the same time isn’t easy — especially in today’s housing market. If you’re aiming to sell and buy simultaneously, you have one foot in the lucky shoes of a seller who could reap the benefits of the surge in home values in recent years.


## Key Takeaways



# Home Sale Contingency: What It Is and How It Works

A home sale contingency is a clause in a real estate contract that makes your purchase of a new home conditional on selling your current one first. If your home doesn't sell within the agreed timeframe, you can walk away from the deal without losing your [earnest money](https://www.opendoor.com/articles/earnest-money).

For most homeowners, the proceeds from selling one property fund the down payment on the next — which makes timing everything. This guide covers how home sale contingencies work, when they make sense, and alternatives that can give you more certainty when you're ready to move.

[Get your offer](#)

## What is a home sale contingency

A home sale contingency is a clause in a purchase agreement that makes the deal conditional on the buyer selling their current home first. If the buyer's home doesn't sell, they can walk away from the contract without losing their earnest money deposit. Sellers who accept a contingent offer take on some risk, though a "kick-out clause" lets them keep marketing the property and consider other offers while waiting.

This type of contingency exists because most homeowners can't afford to carry two mortgages at once. The proceeds from selling a current home often fund the down payment on the next one. Without this protection, a buyer could end up owning two properties and paying for both.

## What does contingent mean on a house for sale

When you're scrolling through listings online, you'll sometimes see homes marked "contingent." This label means the seller has accepted an offer, but certain conditions still need to be met before the sale can close. The deal isn't final yet.

[Contingent is different from pending](https://www.opendoor.com/articles/contingent-vs-pending). A pending sale means all the conditions have been satisfied and both parties are moving toward closing. With a contingent listing, there's still a chance the original deal could fall apart if the buyer can't meet the agreed-upon terms—in fact, [15.1% of home purchases](https://www.redfin.com/blog/how-often-do-contingent-offers-fall-through/) were canceled in August 2025.

## How a contingent home sale works

The process follows a predictable sequence once both parties agree to include a home sale contingency in the contract:

- **Offer accepted:** The buyer submits an offer with the contingency clause, and the seller agrees to the terms.
- **Contingency period begins:** The buyer has a set timeframe, typically 30 to 60 days, to sell their current home.
- **Conditions met:** If the buyer's home sells within that window, the contingency is removed and the transaction moves forward to closing.
- **Conditions not met:** If the buyer's home doesn't sell in time, they can cancel the contract and usually receive their earnest money back.

During the contingency period, the seller may continue showing the property to other interested buyers, depending on the terms of the agreement. This is where kick-out clauses become useful, giving sellers flexibility while still honoring the original contract.

## Common types of contingencies in real estate

Home sale contingencies are one of several conditions buyers commonly include in purchase agreements. Here's a quick look at the most common types.

### Home sale contingency

This clause makes the purchase dependent on the buyer selling their current property first. It's especially common among move-up buyers who can't afford to carry two mortgages at the same time.

### Inspection contingency

An inspection contingency allows the buyer to hire a professional inspector to evaluate the property's condition, while an [appraisal contingency](https://www.opendoor.com/articles/home-appraisal-process) protects buyers when valuation doesn't meet the purchase price. If the inspection reveals major issues like foundation problems or mold, the buyer can renegotiate the price, request repairs, or walk away from the deal.

### Appraisal contingency

This contingency protects buyers when the home's appraised value comes in lower than the purchase price. If that happens, the buyer can renegotiate, cover the difference out of pocket, or cancel the contract without losing their earnest money.

### Financing contingency

A financing contingency gives the buyer time to secure mortgage approval. If the lender denies the loan for any reason, the buyer can exit the agreement without penalty.

### Title contingency

Before closing, a title search confirms that the seller has clear ownership of the property, free from liens, disputes, or other legal complications. If issues arise that can't be resolved, the buyer can back out.

## Pros and cons of a contingent offer on a house

Whether you're buying or selling, contingent offers come with trade-offs worth considering.

|   | **Buyer perspective** | **Seller perspective** |
| **Pros** | Protection from carrying two mortgages; earnest money returned if sale falls through | Secures a committed buyer; can keep home on market with kick-out clause |
| **Cons** | Offer may be less competitive; risk of losing out to non-contingent buyers | Delays and uncertainty; property tied up while waiting for buyer's sale |

For buyers, the biggest advantage is financial protection. You won't be stuck paying for two homes if your current one doesn't sell. On the other hand, in competitive markets, sellers often prefer offers without contingencies, so you might lose out to buyers who can move faster.

For sellers, accepting a contingent offer means taking on some uncertainty. Yet in slower markets, or when the buyer's home is already under contract, it can be a reasonable path forward.

## How to buy a house contingent on selling yours

If you're planning to make a contingent offer, a bit of preparation goes a long way toward improving your chances.

### 1. Assess your current home's marketability

Before making any moves, take an honest look at how quickly your home might sell. Research local market conditions. Is inventory low? Are homes in your area selling within days or sitting for months? A realistic assessment helps you set appropriate expectations and timelines.

### 2. Get pre-approved for your mortgage

A [mortgage pre-approval](https://www.opendoor.com/articles/mortgage-preapproval) letter signals to sellers that you're financially qualified and serious about the purchase. It also gives you clarity on how much you can afford once your current home sells.

### 3. List your home before making an offer

Sellers are far more likely to accept a contingent offer when your home is already on the market, or better yet, already under contract. Listing first demonstrates commitment and reduces the perceived risk on the seller's end.

### 4. Make your house offer with contingency more attractive

You can strengthen a contingent offer in several ways:

Offer a competitive purchase price

Increase your earnest money deposit

Propose a shorter contingency period

Agree to a kick-out clause

Each of these gestures shows sellers you're motivated and willing to work within their timeline.

### 5. Have a backup plan ready

Sometimes things don't go as planned. If your home doesn't sell within the contingency window, you might consider alternatives like a bridge loan, a price reduction on your current property, or withdrawing your offer to regroup.

## Should you accept a contingent offer as a seller

As a seller, evaluating a contingent offer requires weighing the potential benefits against the risks. Your decision often depends on market conditions, your timeline, and the strength of the buyer's position.

### When to accept a contingent offer

A contingent offer might make sense when:

The market favors buyers, and offers are scarce

The buyer's home is already under contract or in a fast-moving market

You're not in a rush to close and can afford to wait

The offer includes a kick-out clause that lets you continue showing your home

### When to negotiate or decline a contingent offer

On the other hand, you might push back or decline when:

You're in a seller's market with multiple offers on the table

The buyer's home isn't listed yet

Your timeline is tight and you can't risk delays

Stronger, non-contingent offers are available

## What contingent statuses mean when buying a home

When browsing listings, you'll encounter different contingent labels that signal where a deal stands.

### Continue to show

This status means the seller is still accepting showings and backup offers while the current buyer works to satisfy their contingencies. It's a sign the seller wants options in case the first deal falls through.

### Kick-out clause

A kick-out clause, sometimes called a 72-hour clause, allows the seller to accept another offer and give the original buyer a short window, typically 24 to 72 hours, to remove their contingencies or step aside. This protects sellers from being locked into a deal that might not close.

### Contingent no show

When a listing shows "contingent no show," the seller has stopped accepting showings and backup offers. This usually indicates confidence that the current deal will close as planned.

## Alternatives to a home sale contingency clause

If you'd rather avoid the uncertainty of a contingent offer, several alternatives can help you move forward with more confidence.

### Cash offers from home-buying companies

Selling your current home for [cash](https://www.opendoor.com/articles/what-is-a-cash-offer-in-real-estate-and-why-consider-it) eliminates the need for a contingency altogether, joining the [26% of buyers](https://www.homelight.com/blog/should-i-sell-my-house/) who used cash for their home purchases in 2025. Companies like Opendoor provide competitive cash offers, allowing you to close on your timeline and approach your next purchase as a stronger buyer.

### Bridge loans

A bridge loan is short-term financing that covers the gap between buying your new home and selling your current one. While this option provides flexibility, it typically comes with higher interest rates ranging from [8% to 12%](https://www.pinnbanktx.com/articles/2025/bridge-loans) and fees.

### Home trade-in programs

Trade-in programs let you buy your new home first while the company handles selling your old one. This approach removes the timing pressure and gives you the freedom to move on your own schedule.

## Sell your home with certainty and skip the contingency

Coordinating the sale of one home with the purchase of another doesn't have to feel like a balancing act. With Opendoor, you can request a cash offer on your current home and gain the certainty you need to move forward, no contingencies required.

Whether you're relocating for a new job, upsizing for a growing family, or simply ready for a change, having a guaranteed offer in hand transforms the entire experience. You can shop for your next home knowing exactly where you stand financially.

[Get a free cash offer](https://www.opendoor.com/address-entry)

[Get your offer](#)

## FAQs about home sale contingencies

### How long does a home sale contingency typically last?

Most home sale contingencies run between 30 and 60 days, though the exact timeframe is negotiable between buyer and seller. Shorter periods can make your offer more attractive, while longer windows provide more breathing room to sell.

### What happens if the buyer's home doesn't sell before the contingency deadline?

The buyer has a few options: request an extension from the seller, remove the contingency and proceed with the purchase anyway, or withdraw from the contract and receive their earnest money back.

### Can a buyer waive a home sale contingency after making an offer?

Yes, a buyer can choose to remove the contingency at any point during the process. Doing so strengthens the offer but also means committing to the purchase regardless of whether the current home sells.

### Can you make an offer on a house that is listed as contingent?

Absolutely. Many sellers welcome backup offers on contingent listings, especially when a kick-out clause is in place. If the original deal falls through, your offer could move to the front of the line.

| **Supported Locations** |   |
| **Cities / Areas** | **States** |
| [Columbia](/sell/columbia_sc), [Columbus](/sell/columbus_oh), [Corpus Christi](/sell/corpus_christi_tx), [Detroit](/sell/detroit_mi), [East Texas](/sell/east_texas), [El Paso](/sell/el_paso), [Florida Panhandle](/sell/florida_panhandle), [Greensboro](/sell/greensboro_nc), [Greenville](/sell/greenville_sc), [Indianapolis](/sell/indianapolis_in), [Kansas City](/sell/kansas_city), [Killeen](/sell/killeen_tx), [Knoxville](/sell/knoxville_tn), [Las Vegas](/sell/las_vegas), [Little Rock](/sell/little_rock_ar), [Louisville](/sell/louisville_in_ky), [Memphis](/sell/memphis_tn), [Miami](/sell/miami_fl), [Milwaukee-Waukesha](/sell/milwaukee_waukesha_wi), [Minneapolis](/sell/minneapolis), [New Orleans](/sell/new_orleans_la), [New York & New Jersey](/sell/new_york_new_jersey), [Northern Colorado](/sell/northern_colorado), [Oklahoma City](/sell/oklahoma_city_ok), [Omaha](/sell/omaha_ne), [Philadelphia](/sell/philadelphia_pa), [Pittsburgh](/sell/pittsburgh_pa), [Portland](/sell/portland), [Prescott](/sell/prescott_az), [Reno](/sell/reno_nv), [Richmond](/sell/richmond_va), [Salt Lake City](/sell/salt_lake_city), [San Antonio](/sell/san_antonio), [Seattle](/sell/seattle_wa), [San Francisco Bay Area](/sell/sf_bay_area), [South Texas](/sell/south_texas), [Southwest Florida](/sell/southwest_fl), [St Louis](/sell/st_louis), [Tucson](/sell/tucson), [Tulsa](/sell/tulsa_ok), [Virginia Beach](/sell/virginia_beach_va), [West Texas](/sell/west_texas), [Western New York](/sell/western_ny) | [Alabama](/sell/alabama_other), [Arkansas](/sell/arkansas_other), [California](/sell/california_other), [Colorado](/sell/colorado_other), [Connecticut](/sell/connecticut_other), [Delaware](/sell/delaware_other), [Georgia](/sell/georgia_other), [Idaho](/sell/idaho_other), [Illinois](/sell/illinois_other), [Indiana](/sell/indiana_other), [Iowa](/sell/iowa_other), [Kansas](/sell/kansas_other), [Kentucky](/sell/kentucky_other), [Louisiana](/sell/louisiana_other), [Maine](/sell/maine_other), [Maryland](/sell/maryland_other), [Massachusetts](/sell/massachusetts_other), [Michigan](/sell/michigan_other), [Minnesota](/sell/minnesota_other), [Mississippi](/sell/mississippi_other), [Missouri](/sell/missouri_other), [Montana](/sell/montana_other), [Nebraska](/sell/nebraska_other), [Nevada](/sell/nevada_other), [New Hampshire](/sell/new_hampshire_other), [New Mexico](/sell/new_mexico_other), [New York](/sell/new_york_other), [North Carolina](/sell/north_carolina_other), [North Dakota](/sell/north_dakota_other), [Ohio](/sell/ohio_other), [Oklahoma](/sell/oklahoma_other), [Oregon](/sell/oregon_other), [Pennsylvania](/sell/pennsylvania_other), [South Carolina](/sell/south_carolina_other), [South Dakota](/sell/south_dakota_other), [Tennessee](/sell/tennessee_other), [Utah](/sell/utah_other), [Vermont](/sell/vermont_other), [Virginia](/sell/virginia_other), [Washington](/sell/washington_other), [West Virginia](/sell/west_virginia_other), [Wisconsin](/sell/wisconsin_other), [Wyoming](/sell/wyoming_other) |

---
*Originally published at [https://www.opendoor.com/articles/buying-and-selling-at-the-same-time-heres-how-to-prepare](https://www.opendoor.com/articles/buying-and-selling-at-the-same-time-heres-how-to-prepare)*

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