One that most sellers wouldn’t agree to.

Sounds like you are describing the "kick out clause" to me as the clause you don't want if you are the buyer. This clause is commonly added by the seller to a 'contingent on the sale of your home' during negotiations. Check with your agent or your attorney. With the kick out clause the seller can give you a 72 (or whatever is agreed to) hour notification to remove the contingency to sell your home when the seller of the home you are buying is presented another offer; and, if you don't remove it, the seller can cancel the P&S agreement. At least, that's how our standard form kick out clauses are worded here in Florida, it may be different in your area.

A backup contract goes behind the primary contract, not in front of it.

How is this?

If a secondary offer is considered by seller, the Bump clause is suspended for a period of 60 days if buyer can provide evidence of an accepted offer on buyer’s property.

In this strong market a smart seller would not accept a contingency unless they have complete confidence your home is priced to sell quickly or they are desperate.

Contingent offers are usually full price or better than quick close offers, so you may have some leverage depending on price. Typically in CA the offer is made with a 21 day period were no other offers can be considered. That is negotiable.

@whaas_5a If the seller will go for your clause then that is good for you. In my market 60 days is forever to close as closings routinely happen in 30 days or less but each market is different. You may want to have an attorney prepare the clause though because I can see it might create issues if you use it in it's current form. Your agent should have an attorney with which s/he can consult to get the wording right.

In my area the buyer has a specific number of days to sell and must provide proof that their home is under contract within that time frame. At that time the clause is removed immediately via a notification. The buyer then proceeds with any other contingencies. It's usually just financing and the sale of the buyer's house. Most sellers require inspections early in the process, even with a kick-out or bump-out clause.

If they don't provide proof of an arm's length contract, the entire contract is void unless amended.

As a seller, I'd not accept your proposal.

Thanks for the feedback everyone.

Denita a no home sale contingency usually takes 45 days to close here so not too far off.

rrah, are you stating the bump out clause is removed once buyer proves their home is under contract (ie offer accepted)?

@whaas_5a Full disclosure I hold a CA broker's license.

You can remove contingencies at any time but it is all negotiable. Hopefully your local broker uses a standardized form that has clear standard clauses that you can fill in some blanks.

Negotiable means they may require more deposit, some released deposit, etc.

My experience is that most contingent deals change quickly on the buyers end and become something that wasn't originally pitched, so the "what if" clauses are important and exit clauses for the seller are critical.

That would be a contingency offer which I would never accept.

As a seller, I want the buyer pre-approved, ready to go, with only one contingency..home inspection (a fair and acceptable one).

You are putting the burden on the seller. If you don’t sell your house, well, it’s okay. But, the seller has lost weeks of having an active listing, it’s not okay.

I have had very good experiences buying/selling my homes; I always have an excellent broker and excellent real estate attorney.

OP--yes, in my area the clause is removed when the buyer gives the seller notice that they have an offer and are under contract. In a buyer's market, that contingency often became a "sale/closing of house" clause after the offer was received.

SE WI is not a bustling real estate market so buyers and sellers are balanced in negotiations but its always dependent on the home/school district.

Its all dependent on price point as well. Higher price points almost always have home sale contingencies.

In my case seller is willing to accept home sale contingency and would remove bump clause once we're under contract with an offer on our home.

Congratulations - sounds like you are under contract now with your new home.

Just looking for outside perspectives right now. My home is not on the market yet.

I decided to move on to another home. Looking at another - seller willing to accept home sale contingency.

Buyers are dropping off quick now that school is back in session. Lots of price cuts going on right now so I may not even go on the market at this point.

In my market September is the worst month for sales from a sellers POV and the best for buyers (as far as pricing is concerned). Any other month is better including December. Each maket has their own regional seasons so Sept may not be the best month to be a buyer in your market. I don't know. But a good agent in your area can show you the seasonal volumes and pricing in the neighborhoods you are searching.

Sept is an average "volume" month generally speaking with May, June, July and August outselling September. But September outsells Nov, Dec, Jan, Feb, Mar and April.

Just shows how totally different each geographic area is from one another.