An offer came in, and it has a catch. The buyer needs to sell their current home before they can buy yours.
That is a home sale contingency. It is not a bad offer by definition, and it is not a sure thing either. I'll be straight with you: whether it is worth accepting depends almost entirely on the buyer's other house, and that is something we can actually look into.
What a home sale contingency really means for you
When you accept a contingent offer, your sale is now tied to someone else's sale. If their home does not sell by the deadline in the agreement, they can usually walk away and get their earnest money back.
Meanwhile your home shows as under contract or pending, which tends to slow down showings. Some buyers skip pending homes entirely.
So the real cost is not the offer itself. It is the time your home spends off the active market while you wait on a house you have never seen and do not control.
The contingency language in an Indiana purchase agreement has specific dates and conditions, and they matter. My overview of contingencies in an Indiana purchase agreement covers the common ones. For anything specific to your contract, a real estate attorney is the right person to read the wording.
The risks sellers feel most
- Lost momentum. The first few weeks on the market usually bring the most attention. Tying up those weeks with a contingent buyer can cost you the buyers who were ready to go.
- A chain of deals. Their buyer may need financing, an inspection, and an appraisal. Any of those can wobble, and a wobble there becomes a wobble for you.
- Your own plans stall. If you are buying your next home, you may not be able to firm up that purchase until you know yours will close.
- Starting over. If the deal falls apart, your home comes back on the market with extra days on it and a question mark buyers will ask about.
If you have been through a deal that fell apart, you know how that last one feels. What to do when a buyer backs out covers the recovery side.
The questions I ask about the buyer's home
This is where local knowledge earns its keep. Anyone can read "contingent on sale of buyer's home" on an offer. The useful part is knowing whether that other house is likely to sell, and on what timeline.
Is it listed yet?
A home that is already on the market with photos and a price is further along than one the buyer plans to list "soon." If it is not listed, ask when it will be, and with whom.
Is it already under contract?
This is the big one. If their home already has an accepted offer, your risk drops a lot. Then I want to know what contingencies that deal carries, when its inspection period ends, and when it is scheduled to close.
Is it priced right?
A home priced in line with recent sales in its area tends to move. A home priced on hope tends to sit. Your agent can pull the listing, look at the comparable sales, and give you an honest read. This is something I do before I ever advise a seller to sign.
How is it showing, and how long has it been out?
Days on market, price changes, and showing activity tell a story. A home that just listed and has showings booked is a different bet than one that has been sitting for two months with a price cut.
Is the buyer's financing solid?
Ask for a pre-approval letter that accounts for the sale of their home. A lender who has already reviewed the buyer's full picture is worth a lot more than a quick pre-qualification.
The kick-out clause: your safety valve
A kick-out clause lets you accept the contingent offer and keep marketing your home. If another buyer comes along with an acceptable offer, you notify the first buyer. They then get a set window, often a few days, to remove their home sale contingency or step aside.
That changes the deal a lot. You are no longer waiting with no options. You are under contract with a backup plan built in.
A few things to settle in writing with your agent:
- How long the first buyer has to respond after notice
- How notice is delivered and when the clock starts
- Whether you can keep holding showings and open houses
- Whether the second offer must be free of its own sale contingency
The exact language matters here, so this is another spot where an attorney review is money well spent if anything feels unclear.
Other ways to protect yourself
A kick-out clause is not your only tool. When a contingent offer comes in, we can counter with terms that match the risk you are being asked to carry.
- A shorter contingency period. A firm, reasonable deadline for their home to go under contract keeps this from dragging on.
- A stronger price. You are giving the buyer time and flexibility. It is fair to ask for something in return.
- More earnest money. A larger deposit shows commitment, even though it usually comes back to them if the contingency is not met.
- A requirement to list by a date. If their home is not on the market yet, set a date it must be, at a price that makes sense.
- Updates. Ask for regular status updates on their sale, including showing activity and any offers.
When accepting one makes sense
I have seen contingent offers close smoothly more times than people expect. They tend to work out when the details line up.
- The buyer's home is already under contract with a clean buyer and a close date that fits yours.
- Their home is priced right in a price range that is selling well in our area right now.
- Your home has been on the market a while without much traction, and this buyer genuinely wants it.
- Your own timeline is flexible, and you are not racing to close on your next home.
- You have a kick-out clause, so you can still say yes to a better offer.
When I would think twice
- You have other interest or another offer that does not depend on a sale.
- Your home just listed and showings are strong.
- Their home is not listed yet, or it is priced well above what recent sales support.
- You need to close by a specific date to buy your next place.
If you are comparing a contingent offer against others, how to choose among multiple offers walks through weighing certainty against price.
How this fits your own move
A lot of sellers are also buyers. If that is you, a contingent offer on your home can create a chain three houses long, and every link needs to hold.
Before you accept, map out your own next step. Can you buy without your sale closing first? Do you need a rent-back or a longer closing? My guide on whether to sell before you buy your next home lays out the options side by side.
And if you are still getting your home ready to list, The 30-Day Sale-Ready Plan helps you launch strong, which is the best way to draw offers that do not need a contingency at all.
The bottom line
A contingent offer is a question, not an answer. The question is whether the buyer's other home is going to sell, and when.
You will not find that answer on a listing site. It comes from knowing how homes like theirs are actually moving in their part of town, whether their price holds up against recent sales, and whether the deal they already have looks solid. That local read is what protects you, not the offer letter.
If you are holding a contingent offer, or you want to know what your home would sell for before offers start coming in, get a real-comps value for your home here. A real person reads every message. No pressure either way. Let's get this sold.
