What is a home sale contingency addendum?
Most buyers who already own a home can't carry two mortgages, so their offer depends on selling first. A home sale contingency makes that dependence explicit. The buyer is only bound if their own home sells by agreed dates, while the seller gets the right to keep marketing and push the buyer to commit, or step aside, if a better offer arrives.
This addendum names the buyer's home and its status (not yet listed, listed or already under contract), sets a deadline to sign a sale contract and a deadline to close it, and commits the buyer to good-faith efforts to sell. You decide whether the seller may keep marketing. If so, a kick-out notice gives the buyer a set number of hours to remove the contingency, with evidence they can buy anyway and an optional extra deposit, or let the purchase end with the deposit returned. It also says what happens if the buyer's own sale falls through and if the deadlines pass, and how the buyer can waive the contingency at any time.
- Best for
- Buyers who must sell their current home to fund the purchase
- Signed by
- Buyer and seller, initialled on every page
- Kick-out
- Optional, with a notice period in hours that you set
- Length
- 2 pages
When to use a home sale contingency addendum
- Moving up to a bigger home when the equity is tied up in the current one
- Downsizing buyers who will pay cash once their family home sells
- A buyer whose own sale is already under contract but hasn't closed
- A seller in a slow market willing to accept a contingent offer with a kick-out
- Private sales between neighbours or relatives where one must sell first
What you fill in
17 blanks, then the name and email of each person who signs: buyer, seller.
1 The sale
- Date of this addendum*
- Buyer name(s)*
- Seller name(s)*
- Property being bought*
- Date of the purchase agreement*
2 The Buyer's home
- The Buyer's home to be sold*
- Its status today* is not yet listed for sale · is listed for sale · is under contract to a buyer, with closing set for the date below
- List it for sale by (if not yet listed)
- Closing date of the Buyer's sale (if under contract)
3 Deadlines
- Buyer must have a signed contract on their home by*
- Buyer's sale must close by*
4 Kick-out
- May the Seller keep marketing and accept other offers?* Yes, with a kick-out notice · No, the Property is off the market while this contingency lasts
- Kick-out notice period (hours)
- Currency*
- Extra deposit if the Buyer removes the contingency (optional)
- If the Buyer's own sale contract falls through* the Buyer may look for a new buyer until the deadlines above, and the Seller may end this purchase by written notice · the Buyer may look for a new buyer until the deadlines above, and this contingency continues
- Governing law*
5 Who signs
- Buyer signature and date, initials on every page · The buyer whose purchase depends on selling their current home. If buying together, all buyers should sign.
- Seller signature and date, initials on every page · The seller of the property being bought. All owners should sign.
What the home sale contingency addendum covers
- The contingency
- Selling the Buyer's Home
- Marketing and kick-out
- If the Buyer's sale falls through
- If the contingency is not met
- Waiving the contingency
- General
Using the home sale contingency addendum, step by step
1 Identify the purchase
Enter the buyer, seller, property and date of the purchase agreement.
2 Describe the buyer's home
Give its address and status, plus a listing date if it isn't listed yet or the closing date if it is already under contract.
3 Set the deadlines
Choose the date by which the buyer must have a signed sale contract and the date that sale must close.
4 Decide on kick-out and send
Choose whether the seller may keep marketing, the kick-out hours, any extra deposit and what happens if the buyer's sale falls through. Then send it to the seller.
Tips before you send it
- Set the closing deadline for your own sale on or before the closing date of the purchase, so you aren't left holding two homes.
- Price your home realistically. The addendum requires good-faith efforts and doesn't let you hold out to delay.
- Line up a lender's letter now showing whether you could buy without selling. You'll need it fast if a kick-out notice arrives.
- Add both deadlines to FileIt as reminders on the signed addendum so neither date slips by.
Sign it online in minutes
- Fill in the blanks. Names, dates and amounts go straight into the agreement — the preview shows exactly where.
- Name who signs. Tick “This is me” for your own part. FileIt builds the PDF with every signature, date and initials box on the right line, and you can check or move anything before sending.
- Send it. Each signer gets a secure link and signs from any device — no account needed. The signed PDF, with an audit trail and a Certificate of Completion, is filed in your vault and emailed to everyone.
Home sale contingency addendum: frequently asked questions
What is a kick-out clause?
It lets the seller keep the home on the market. If they receive another offer they are willing to accept, they send a kick-out notice and you have the number of hours you set to remove the contingency and prove you can buy anyway. Otherwise the purchase ends and your deposit is returned.
What if my buyer backs out?
You must tell the seller within 2 business days. Depending on the option you choose, either the contingency continues while you find a new buyer before the deadlines, or the seller may also end the purchase.
Does this replace my inspection or financing contingency?
No. Those keep running on their own terms in the purchase agreement. This addendum only adds the condition about selling your current home.
Can I remove the contingency later?
Yes. You can waive it by written notice at any time, but then you must complete the purchase whether or not your home sells.