Transaction Coordination

Home Sale Contingency: Kick-Out Clauses and How Sellers Respond

What a home sale contingency is, how kick-out and bump clauses work in the Texas, Wisconsin, California and Florida forms, how sellers respond to contingent offers, and what to track.

Ijharul Islam October 30, 2026 9 min read

A home sale contingency makes a purchase depend on the buyer selling, and often closing on, their current home. Sellers usually accept one only with a kick-out (or bump) clause: they keep marketing, and if another offer arrives, the buyer gets a short window, 72 hours by default in Wisconsin's WB-11, to drop the contingency or lose the deal.

More on this topic: Contract to close: process and checklists, every guide in one place.

Below we explain how the contingency and the kick-out clause work, compare what four sets of standard forms actually say, and cover how sellers respond to a contingent offer, how buyers make one stronger, and what agents and transaction coordinators need to track. For the backup side of the same story, see how backup offers work.

Key takeaways

The contingency can turn on two events: the buyer getting their home under contract, and that sale closing. C.A.R.'s COP covers both by default.
A kick-out clause lets the seller keep marketing; when the seller accepts another offer, the first buyer must waive the contingency within the window or the contract ends.
Wisconsin's WB-11 bump clause defaults to 72 hours; Texas's TREC 10-6 uses the days written in and requires additional earnest money to waive.
The first buyer doesn't have to match the new offer's price. C.A.R.'s training deck calls that a myth.
If the buyer's home doesn't sell by the date, TREC 10-6 ends the contract automatically and refunds the earnest money; the WB-11 makes the offer null and void.

What is a home sale contingency?

It's a condition that the buyer's current property sells before the buyer has to buy. The forms define the triggering event differently:

Texas, TREC 10-6: the contract is contingent on the buyer receiving the proceeds of the sale of their property by a date written in, which TREC says should be no later than the Closing Date.
Wisconsin, WB-11: contingent on the closing of the sale of the buyer's property by a Deadline (lines 328–334).
California, C.A.R. COP: according to C.A.R.'s training deck, the default is two contingencies, entering into a contract to sell the buyer's property and closing that sale, with options to use just one. The deck gives the buyer 17 days to get their home into contract.

C.A.R. calls the COP one of its most complicated forms, and with reason: two transactions are now chained together, and if one falls off the track, the other is likely to follow.

How does a kick-out clause work?

A kick-out clause (Wisconsin calls it a bump clause) lets the seller keep the house on the market after accepting the contingent offer. If the seller accepts another bona fide offer, the seller notifies the first buyer, who then has a set window to remove the home sale contingency, and usually show they can close without the sale. If the buyer doesn't, the contract ends. How four sets of forms handle it:

Form	Window after the seller's notice	What the buyer must do to stay	If the buyer doesn't
Wisconsin WB-11 bump clause	Hours written in, 72 if blank, from the buyer's actual receipt	Waive the sale contingency and any others named, plus proof of a bridge loan, proof of funds or other items checked (e.g. more earnest money)	The offer is null and void
Texas TREC 10-6	On or before the days written in after the seller's notice	Notify the seller of the waiver and deposit the additional earnest money stated	The contract terminates automatically; earnest money refunded
California C.A.R. COP	Set in the form (check your edition)	Remove the sale contingency and any loan contingency, and prove funds to close without the sale	The seller may cancel
Florida Addendum X	Set in the addendum	Make an additional deposit and waive all contingencies	The contract terminates and the deposit is returned

Two details catch people out. First, in C.A.R.'s COP the seller's backup rights start immediately unless the buyer checked a box to delay them. Second, under TREC 10-6, a buyer who waives the contingency and then can't close solely because their home didn't sell is in default, and the seller has the contract's default remedies.

What is a 72-hour clause in real estate?

It's the common name for a kick-out clause, after the window that's often written in. The number isn't universal: it's 72 hours if the blank is left empty in Wisconsin's WB-11, and whatever the parties write in elsewhere. Texas's 10-6 counts in days.

Hours are counted differently from days. The WB-11 says deadlines in hours run from the exact time of the event, such as the buyer's receipt of the notice, counting 24 hours per calendar day. So a notice received at 4:15 p.m. on a Friday expires at 4:15 p.m. on Monday, weekend included. Note the time the notice was delivered, not just the date.

Kick-out clause vs bump clause vs backup offer

A kick-out clause and a bump clause are the same mechanism under two names. Bright MLS even has a yes/no field for whether an Active Under Contract listing's agreement includes one. A backup offer is the other half of the move: the new buyer's signed contract waits in second position, and becomes primary if the first buyer steps aside. See how backup offers work and, for how the listing status shows it, contingent vs pending.

It isn't a right of first refusal. C.A.R.'s deck is explicit that the first buyer does not have to match the backup offer's price and terms; they have to remove the contingency, remove any loan contingency and prove they can close without selling.

How do sellers respond to a contingent offer?

A seller has more options than yes or no:

Accept with a kick-out clause and keep marketing for backup offers.
Ask where the buyer's home stands. C.A.R.'s COP asks whether it's listed, with whom, and its MLS number, so the listing agent can check, and requires proof once it's in contract.
Shorten the timeline: a short period to get the buyer's home into contract and a closing deadline no later than the purchase's closing date.
Ask for more earnest money on waiver, as TREC 10-6 and the WB-11's “other” line allow.
Require updates. The COP has the buyer tell the seller about changes in their sale and any attempt to cancel it, and prove on request that the buyer's own buyer has removed contingencies.
Counter with a higher price or a different closing date to price in the risk.

How can a buyer make a contingent offer stronger?

List the current home before offering, or better, have it under contract with the buyer's buyer's contingencies removed.
Line up a bridge loan or proof of funds, which the WB-11 and COP both accept as ways to stay in the deal.
Accept a kick-out clause rather than fighting it, and keep the window realistic.
Offer a larger deposit, and keep other contingencies short.

Lenders matter here too. C.A.R.'s deck notes that most lenders will not lend if the buyer has a property to sell, which is why the COP makes the buyer drop the loan contingency as well when a backup is accepted: otherwise it would be a hidden contingency for the sale of the buyer's home.

What happens if the buyer's home doesn't sell in time?

Under TREC 10-6, if the contingency isn't satisfied or waived by the date, the contract terminates automatically and the earnest money is refunded. Under the WB-11, the offer becomes null and void at the Deadline unless the buyer delivers a waiver with verification of funds or a bridge loan. Under the COP, C.A.R. lists the buyer's home not entering escrow, not closing on time, or its buyer cancelling as reasons the buyer can back out, and the seller has matching rights to cancel, most after a Notice to Buyer to Perform.

Either way, extending the date takes a signed amendment. See addendum vs amendment.

What should agents and TCs track?

The buyer's own sale as a linked file: its contract date, contingency dates and closing date.
The deadline to get the buyer's home into contract and the deadline for it to close.
Whether the seller can kick out now or only after a date, and the length of the window in hours or days.
The exact time the kick-out notice was received, and the waiver and additional earnest money due by the end of the window.
The MLS status and kick-out flag on the seller's listing.

Closingbird counts whole days from acceptance or closing, not hours from a notice, so when a kick-out notice arrives, set a fixed date for the end of the window and remind the buyer's agent the same day. Everything else on both files keeps its morning reminders; see deadline tracking.

Frequently asked questions

Does the buyer get the earnest money back if they're kicked out?

Under Texas's TREC 10-6 and Florida's Addendum X, yes: if the buyer doesn't waive in time, the contract ends and the deposit is refunded. Other forms say it differently, so check yours.

Can a seller accept another offer when there's a home sale contingency?

Only if the contract lets them, usually through a kick-out clause, and the new offer then sits as a backup until the first buyer waives or steps aside.

How long does a home sale contingency last?

Until the date in the contract. TREC suggests the Texas date be no later than the Closing Date; C.A.R.'s training deck gives 17 days to get the buyer's home into contract under the COP.

Does the first buyer have to match the backup offer?

Not under C.A.R.'s COP or the other forms here. They must waive the contingency and show they can close; price and terms stay as agreed.

What's the difference between a sale contingency and a closing contingency?

One turns on the buyer's home going under contract, the other on that sale actually closing. C.A.R.'s COP includes both by default.

Can a buyer with a home sale contingency get a mortgage?

Possibly, but C.A.R. notes most lenders won't lend while the buyer still has a property to sell, so the loan often depends on the sale or a bridge loan.

Run it in Closingbird

Track the buyer's sale and purchase as two files in Closingbird, with every date on each, and a reminder to the owner before each deadline. Start a free trial (14-day free trial, no credit card required) or see pricing.

Sources

Checked in October 2026. Rules and prices change, and many vary by state, so confirm with the source, your state's real estate commission or your broker before you rely on them.

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