1,109,088
Contingency clause? Fairly common; everyone's coming from somewhere else (usually Califelony, LOL) and as long as the home is GONNA close (we can easily research the area and market there), it is probably OK.
Our document provisions a kickout clause with notice, allowing us to continue to receive offers and displace or compel the deal in place to remove all contingencies should something come along we want to work on.
The time frame is usually 30 days and can be extended with all parties' approval.
Closed many a deal that way over the years!
Having said ALLL that . . . it will rarely win over a clean and unencumbered deal.
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Evelina Tsigelnitskaya
Sunny Isles Beach, FL
-
Valeria Mola
Sunny Isles Beach, FL
-
Will Hamm
Aurora, CO
-
Steve Penner
Winnipeg, MB
-
Dana Hollish Hill
Bethesda, MD
-
Bob "RealMan" Timm
Minot, ND
-
Michael Jacobs
Pasadena, CA
-
Lyn Sims
Schaumburg, IL
-
Wanda Kubat-Nerdin - W...
St. George, UT
4,778,348
It makes me think of "motivation". So many different interpretations. I guess it may depend on who is in the driver's seat.
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Anthony Acosta - ALLAT...
Atlanta, GA
-
Peter Testa
Danbury, CT
-
Kathleen Daniels, Prob...
San Jose, CA
-
Steve Penner
Winnipeg, MB
-
Dana Hollish Hill
Bethesda, MD
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Nina Hollander, Broker
Charlotte, NC
5,162,165
They are used quite often in our market. We use a seperate addendum on these type sales.
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Kathleen Daniels, Prob...
San Jose, CA
-
Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Candice A. Donofrio
Fort Mohave, AZ
-
Nina Hollander, Broker
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Michael Jacobs
Pasadena, CA
5,194,222
We are seeing more of them these days. A year ago you never saw them. Common? No. And it varies from community to community when I look at MLS stats.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Lyn Sims
Schaumburg, IL
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Candice A. Donofrio
Fort Mohave, AZ
-
Nina Hollander, Broker
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Michael Jacobs
Pasadena, CA
1,274,515
I see it once in a while. If done is accompanied by a 48-hour kickout clause. I think Subject to the sale of offers are not taken as seriously as those that don't have the clause.
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Kathleen Daniels, Prob...
San Jose, CA
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Nina Hollander, Broker
Charlotte, NC
-
Michael Jacobs
Pasadena, CA
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Doug Dawes
Topsfield, MA
1,513,143
The contingency happens here and just bumped one.
If the supply was better probably see more.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Candice A. Donofrio
Fort Mohave, AZ
-
Nina Hollander, Broker
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Michael Jacobs
Pasadena, CA
5,539,629
Prudent sellers avoid these types of clauses. I am not a fan. If used the period of tiime is short. They usually turn out to be a swing and a miss.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Lyn Sims
Schaumburg, IL
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Nina Hollander, Broker
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Michael Jacobs
Pasadena, CA
3,627,477
About once a week, just out of our office
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Candice A. Donofrio
Fort Mohave, AZ
-
Nina Hollander, Broker
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Michael Jacobs
Pasadena, CA
6,746,874
I see fsbos accepting these often, those with agents seldom do.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Nina Hollander, Broker
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Michael Jacobs
Pasadena, CA
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Bob Crane
Stevens Point, WI
3,293,924
They can work if all are on board and everything moves forward rather smoothly. I have done plenty and the seller usually drives the transaction regarding terms, price and conditions.
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Peter Testa
Danbury, CT
-
Kathleen Daniels, Prob...
San Jose, CA
-
Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Candice A. Donofrio
Fort Mohave, AZ
-
Michael Jacobs
Pasadena, CA
935,808
Rare, but occasionally they work out for both buyers and sellers.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Nina Hollander, Broker
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Michael Jacobs
Pasadena, CA
5,369,272
Not very... we have been in a seller's market for years... little reason for a seller to accept that kind of contingency. I don't recommend it to my sellers and discourage buyers.
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Kathleen Daniels, Prob...
San Jose, CA
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Michael Jacobs
Pasadena, CA
921,504
The local real estate market is dominated by those who are purchasing their 4th, 5th even 6th home. They typically have sufficient equity, resources to avoid such situations. There are simply too many buying directly from their 401 to willing become non-competitive by creating this house of cards.
Yes, it happens, but not that often in the population with which I work.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Doug Dawes
Topsfield, MA
-
Michael Jacobs
Pasadena, CA
1,305,681
Weak off but not often mentioned with investment properties.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Doug Dawes
Topsfield, MA
-
Michael Jacobs
Pasadena, CA
231,998
Might be a contingency. If the seller has no problem, neither have I. But...
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Doug Dawes
Topsfield, MA
-
Michael Jacobs
Pasadena, CA
1,757,042
Very common for many
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Kathleen Daniels, Prob...
San Jose, CA
-
Michael Jacobs
Pasadena, CA
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Bob "RealMan" Timm
Minot, ND
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Steve Penner
Winnipeg, MB
1,873,758
We do not accept them as sellers. I can't remember how many years it has been but it's a long time. When house sells, come on over.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
-
Michael Jacobs
Pasadena, CA
783,234
I see it now & then. If they have a "hot" property they can get the right buyer who will wait. If not it's just another nail in the coffin.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
-
Michael Jacobs
Pasadena, CA
-
Wanda Kubat-Nerdin - W...
St. George, UT
2,231,519
Not that common
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Bob "RealMan" Timm
Minot, ND
-
Steve Penner
Winnipeg, MB
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Anthony Acosta - ALLAT...
Atlanta, GA
2,071,140
In our area I don't remember when was last time.
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Bob "RealMan" Timm
Minot, ND
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Steve Penner
Winnipeg, MB
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Anthony Acosta - ALLAT...
Atlanta, GA
3,221,427
Very rare. I’ll post a screen shot of this clause from my contract when I’m back in my office
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Bob "RealMan" Timm
Minot, ND
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Steve Penner
Winnipeg, MB
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Michael Jacobs
Pasadena, CA
5,774,106
Steve,
I think this falls in the realm of "it depends" for me. A
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Bob "RealMan" Timm
Minot, ND
-
Steve Penner
Winnipeg, MB
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Michael Jacobs
Pasadena, CA
8,215,566
They are no longer common in our very active market.
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
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Steve Penner
Winnipeg, MB
5,262,875
Still see it and see lots of expires that have that .
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
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Steve Penner
Winnipeg, MB
1,153,799
Not a fan Steve although they pop up now and then. The "For Sale" property must be in excellent condition and expect a kick-out clause. A necessary evil at times they can be negotiated to alleviate the aches & pains with understanding and willing principals. Often hand holding is part of the equation too.
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Bob "RealMan" Timm
Minot, ND
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Michael Jacobs
Pasadena, CA
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Steve Penner
Winnipeg, MB
2,866,507
Not common and I will emphasize that this has to be taken seriously to be effective. Just putting in there means nothing if one doesn't act on it aggressively. Selling to buy another home has to be verified & vetted to be real or everyone is spinning wheels
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Michael Jacobs
Pasadena, CA
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Steve Penner
Winnipeg, MB
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Bob "RealMan" Timm
Minot, ND
452,608
Not common. When agents want to use them, there are lots of questions about how to use them properly.
I work in three states and the clauses are slightly different in each and some local areas have created an additional clause that says "contingent on the settlement of..." so that buyers who have their home Under Contract can a avoid the home sale contingency and use the slightly more palatable clause instead.
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Michael Jacobs
Pasadena, CA
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Bob "RealMan" Timm
Minot, ND
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Steve Penner
Winnipeg, MB
3,417,356
I am seeing a sharp increase as people want to move, but need a house to move to before they will sell.
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Michael Jacobs
Pasadena, CA
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Bob "RealMan" Timm
Minot, ND
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Steve Penner
Winnipeg, MB
613,494
If the buyer does not have a contract on their existing home, the "subject to the sale of..." will go nowhere.
Must have a contract in place with a closing date not too far out, and even then the buyer has no negotiating power.
Eve
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Michael Jacobs
Pasadena, CA
-
Bob "RealMan" Timm
Minot, ND
-
Steve Penner
Winnipeg, MB
536,943
I just closed one with the contingency of a home closing in another state. The seller held on and we got it done. I represented the buyer relocating to our area.
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Michael Jacobs
Pasadena, CA
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Bob "RealMan" Timm
Minot, ND
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Steve Penner
Winnipeg, MB
2,551,649
Not at all common in my market Steve Penner . If I had to guess I'd say maybe 1 out of 200 listings would have such wording.
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Peter Testa
Danbury, CT
-
Michael Jacobs
Pasadena, CA
-
Steve Penner
Winnipeg, MB
927,425
It happens, but as a seller's agent I would be loath to recommend accepting such a contingency as it could be a can of worms.
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Michael Jacobs
Pasadena, CA
-
Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
1,598,552
Not common at all.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
1,468,975
We call them contingent sales because the sale is contingent on the sale of the buyer's first property in order to furnish the cash to buy the second property.
They are not that common although in a slowing market we tend to see them more often.
If the circumstances and details of the first sale make sense, such an offer can be acceptable...unless a non-contingent competing offer is available.
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Steve Penner
Winnipeg, MB
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Bob "RealMan" Timm
Minot, ND
3,443,650
Very rare - I have not seen one in over 10 years. Rarely accepted.
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Steve Penner
Winnipeg, MB
-
Bob "RealMan" Timm
Minot, ND
2,355,884
It is more common during a slow market. "Subject to the close of..." is more common.
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Bob "RealMan" Timm
Minot, ND
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Steve Penner
Winnipeg, MB
1,544,854
More than they were 10 years ago. People are waiting to find the perfect house before listing theirs, quite often. Most of the time now we say "come back when your house is in escrow."
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Steve Penner
Winnipeg, MB
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Bob "RealMan" Timm
Minot, ND
380,245
50% of condo deals and 35% of all co-op deals here are all cash. Anything beyond a financing contingency isn't too common. That said, in very limited situations it might be workable but it definitely isn't an ideal offer.
6,043,683