Scott P. Rogers
Funkhouser Real Estate Group
540-578-0102  •  email
Brought to you by Scott P. Rogers, Funkhouser Real Estate Group, 540-578-0102, scott@HarrisonburgHousingToday.com
Brought to you by Scott P. Rogers, Funkhouser Real Estate Group, 540-578-0102, scott@HarrisonburgHousingToday.com
Monday, January 22, 2018
Kickout Clause

Buying and selling at the same time can be tricky -- and a common question is whether you should go ahead and make an offer on a house if you do not yet have your house under contract.  If you do so, you'll likely then be dealing with a kickout clause.

What is a Kickout Clause?

If a buyer who needs to sell their home in order to a buy a new home finds a home that they want to purchase – they can make an offer that is contingent upon the sale of their current home. 

If a seller is willing to entertain such an offer they will typically counter back with a "kickout clause" which allows them to continue to market the property to other buyers who do not have to sell a home in order to buy. 

If a second buyer comes along and makes an offer, that is not contingent upon the sale of a house, the seller then provides notice to the primary buyer that they are being "kicked out" – and that primary buyer has a set period of time (typically 48 or 72 hours) to either get their house under contract (to satisfy the home sale contingency) or remove the home sale contingency by showing proof that they can proceed with the purchase without selling their current home. 

If the primary buyer cannot do this, and the timeframe passes, then the first contract will be null and void and the seller can then proceed with the second buyer.

OK -- and no -- a kickout clause does not have anything to do with soccer.  :)