• 2023 Market Report
  • San Carlos Neighborhoods
    • Alder Manor
    • Beverly Terrace
    • Clearfield Park
    • Cordes
    • Howard Park
    • White Oaks
  • About
    • About
    • Testimonials
    • Bob’s Production
  • Contact
  • Commitment to Mental Health Awareness
  • San Carlos Blog

  • 2025 Market Report
  • San Carlos Neighborhoods
    • Alder Manor
    • Beverly Terrace
    • Clearfield Park
    • Cordes
    • Howard Park
    • White Oaks
  • About
    • About
    • Testimonials
    • Bob’s Production
  • Contact
  • Commitment to Mental Health Awareness

Sale of Buyer's Home Contingency Becoming More Frequent in San Carlos

March 3, 2009

For the better part of the last ten years in the San Carlos real estate market the thought of accepting an offer contingent on the buyer’s successful sale of their current residence would have been laughed at……not any more.  Our flat market has opened the door for the once dormant clause to slowly make its way back into negotiations.  The clause can take several different forms and is entirely negotiable, but here it is in a nutshell:  The buyer offers to purchase the seller’s property, however, the buyer’s obligation to complete the purchase is only mandated once buyer’s current property has sold.  Below are the pros and cons for buyers and sellers who choose to deal with this contingency:
Buyer-Pros
(1)  Buyer gains comfort from the fact that if their previous residence does not sell, they are not on the hook to complete the purchase with the seller.
(2)  Buyer is relieved from having to take some risk in possibly carrying two mortgages at once.
Buyer-Cons
(1)  As long as the seller is not totally asleep at the controls they are going to insist on some type of release clause.  A release clause built into a Sale of Buyer’s Home Contingency would read something like this:  Seller accepts buyer’s offer with the contingency which will allow the buyer to first sell their current home, however, should seller receive another offer they wish to accept while buyer is trying to sell their current home, seller will be able to give the buyer 72 hours notice to either remove the contingency and close escrow as previously agreed or back out of the contract entirely, without prejudice.  This can be somewhat stressful for a buyer especially if the buyer’s home is not yet in contract.  Buyer could have theoretically taken all steps necessary to put their home on the market and suddenly be met with this decision.
Seller-Pros
(1)  The Sale of Buyer’s Home Contingency is a very useful tool to help give some comfort to a buyer in uncertain times.  It essentially minimizes their risk, which should, in theory, help persuade the buyer to enter into the contract with the seller.
(2)  Sellers can minimize their risk in clauses such as these by insisting on a release clause similar to the one discussed above.
(3)  Sellers can continue to market their property, including advertising and open houses.
Sellers-Cons
(1)  Sale of the buyer’s property is not certain.  The seller could be wasting valuable market time if the buyer is unable to sell their home in the agreed upon amount of time.
(2)  While the seller can continue to market the property,  the fact of the matter is that the seller’s audience will be severely limited because the realtor will need to switch the property to a Pending status.  The property will no longer be advertised as Active through the local MLS sites.  Even though the particular pending status will indicate that the property does have a release clause, many buyers and realtors will not view the property because they feel that the odds of obtaining the property will be a long shot, should they have interest.
Finally, I want to emphasize that the Sale of Buyer’s Home Contingency is a great tool which can be used to bridge together a deal that may not otherwise happen.  However, all buyers and sellers should realize that this clause can take many different forms and is entirely negotiable.  Careful consideration and drafting should be applied when dealing with this contingency.

Share

Uncategorized

Bob Bredel

Leave A Reply


Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

  • 2008-2025 SCEF Diamond Sponsor

    San Carlos Education Foundation

    Since 2008 I am proud to have donated auction items and cash totaling $300,000 to the San Carlos Education Foundation.
    Learn More
  • Subscribe

    Get it straight from the top! Bob Bredel is the #1 Realtor for total San Carlos sales volume 2008-2025. Never miss out on San Carlos news by getting our blog in your inbox. As an added bonus, receive quarterly real estate market reports.

    • This field is for validation purposes and should be left unchanged.

  • Ask Bob Bredel

    Bob Bredel

    Got a question about San Carlos or the real estate market? Bob can help.
    Contact Bob


  • Christie's International Real Estate Sereno

  • Contact

    Bob Bredel
    650-520-9343
    bob@bredelhomes.com

             

  • Address

    Christie’s International Real Estate Sereno
    662 Laurel Street, Suite A
    San Carlos, California 94070

  • Subscribe

    Subscribe to receive notifications when new posts are added to the San Carlos Blog.

    • This field is for validation purposes and should be left unchanged.


  • © 2025 San Carlos Blog
  • Privacy Policy
  • CalDRE: 01493564
Website by Style Agent

Manage Cookie Consent
To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
Manage options Manage services Manage {vendor_count} vendors Read more about these purposes
View preferences
{title} {title} {title}