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

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Last updated:February 5, 2026  
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Opendoor Editorial Team

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### 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](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.

## 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.

#### 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 |

## 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

### 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.

## 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.
* **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.
