What is a contingent offer based on the sale of your home? It’s a purchase offer that depends on your current home selling. If your home doesn’t sell (or close) by the deadlines written into the contract, you can typically cancel the purchase without buying the new home, and in many cases get your earnest money back, depending on the contract terms. In Washington, this is usually done with a standard Northwest Multiple Listing Service (NWMLS) addendum for a buyer’s sale-of-property contingency. That addendum generally lets the seller keep marketing their home and “bump” you if a better offer arrives.
I’m Aaron Yoon, a broker with eXp Realty serving the greater Seattle area, including Bellevue, Kirkland, Redmond and Snohomish County. My focus is helping homeowners sell for top dollar by solving the problems others walk away from. A contingent offer is one of the main tools for buying and selling a home at the same time. This guide explains how it works in Washington, when it’s likely to be accepted and how to make yours stronger.
This page is general education, not legal advice. Contract forms are updated from time to time, so always review the current version of any form with your broker, and consult a real estate attorney for legal questions.
How does a home sale contingency work?
A home sale contingency ties your purchase to the sale of a home you already own. The details are set by the addendum and the negotiated terms, but the general structure looks like this:
- You write an offer on your next home with a sale-of-buyer’s-property contingency attached.
- Deadlines are set for your current home to be listed, to go under contract and to close. If those deadlines aren’t met, the contingency typically gives you (and sometimes the seller) a way to end the purchase.
- The seller usually keeps marketing their home while your contingency is in place.
- If the seller gets another offer, they can generally give you notice. You then have a short window to remove your contingency and proceed, or let the deal end so the seller can accept the other offer.
- When your home sells and closes, the contingency is satisfied and your purchase moves toward closing.
What NWMLS form is used for a home sale contingency?
In Washington, most residential purchases are written on NWMLS forms. The NWMLS has a standard addendum for a contingency on the sale of the buyer’s property, commonly referenced as Form 22B [VERIFY: NWMLS form number]. There’s also a related version used when the buyer’s home is already under contract, commonly referenced as Form 22Q [VERIFY: NWMLS form number]. Form numbers, titles and terms can change, so your broker should confirm which current form applies to your situation before you sign.
In general terms, these addenda cover:
- The address of the home you need to sell.
- Deadlines for your home to be listed, go under contract and close.
- Whether the seller can continue to market their home.
- How the seller notifies you of another offer, and how long you have to respond.
- What happens to your earnest money if the contingency isn’t satisfied.
What is a bump clause (kick-out clause)?
A bump clause, often called a kick-out clause elsewhere, lets the seller accept your contingent offer while keeping the door open for better offers. If a new acceptable offer comes in, the seller can give you notice. You then have a set period to either:
- Remove your contingency and move forward without needing your home to sell first, which usually means you need financing or cash that doesn’t depend on the sale, or
- Step aside, in which case the purchase ends and your earnest money is typically handled under the contract terms.
The response window is set by the form and your negotiated terms: [VERIFY: current NWMLS default notice period for bump response]. Before you sign, know exactly how you would respond to a bump notice. If you want to be able to remove the contingency, talk to a lender in advance about a bridge loan or HELOC so the option is ready if you need it.
Are contingent offers accepted in Washington?
Sometimes. It depends heavily on the home, the price range and current conditions. A contingent offer is more likely to be accepted when:
- The home has been on the market for a while or has had a price reduction.
- There’s little competition for that home right now.
- Your current home is already listed, or better, already under contract.
- Your home is priced realistically and prepared well, so the seller believes it will sell.
- The rest of your offer is strong: price, earnest money, financing and flexible dates.
In competitive segments with multiple offers, a contingent offer is often at a disadvantage. Local conditions change quickly and differ by city, so we’d look at the current numbers for your target area:
- [LOCAL STAT: median days on market, Bellevue, source NWMLS]
- [LOCAL STAT: share of listings selling above list price, King County, source NWMLS]
- [LOCAL STAT: median days on market, Snohomish County, source NWMLS]
You can find more on individual communities on my cities page.
How can you make a contingent offer stronger?
If a contingent offer is your plan, these steps can make it more appealing to a seller:
- List your home before you offer, or get it under contract first. A contingency on a pending sale is far more credible than one on a home that isn’t on the market yet.
- Share your listing details with the seller’s broker: price, photos, marketing plan and any offers or showings, so they can see your sale is realistic.
- Get fully underwritten by your lender, not just pre-qualified.
- Keep deadlines short and realistic. A shorter contingency period means less waiting for the seller.
- Offer terms that help the seller, such as a flexible closing or possession date, or a rent-back if they need time.
- Strengthen the rest of the offer where you can, based on your budget and your lender’s guidance.
- Have a plan to remove the contingency if you’re bumped, such as bridge financing arranged in advance.
Contingent vs. non-contingent offers
A non-contingent offer (on the sale of your home) doesn’t depend on your current home selling. Sellers often prefer it because there’s less uncertainty. To make one, you generally need to sell first, have enough cash, or access your equity with a bridge loan, HELOC or buy-before-you-sell program.
“Contingent” can also refer to other contingencies, such as inspection, financing or appraisal. This page is about the home sale contingency specifically. You can have a non-contingent offer on your home sale while still keeping other contingencies, and your broker can help you decide which ones to keep.
How long does a home sale contingency last?
There’s no single answer. The deadlines are negotiated and written into the addendum. Sellers generally want them as short as possible; buyers want enough time to sell. A realistic timeline is based on how quickly homes like yours are actually selling, plus time to close. If your home is already under contract, the remaining time to close is usually shorter and easier to predict.
What are the alternatives to a contingent offer?
If contingent offers aren’t winning in the segment you’re shopping, consider:
- Selling first with a rent-back, so you can make a non-contingent offer and still move once. See my rent-back agreement guide.
- A bridge loan or HELOC, so you can buy before you sell. See my bridge loan guide.
- A buy-before-you-sell program, which may help you make a non-contingent offer, depending on the program’s terms and fees.
Financing information on this page is educational only and is not a loan offer or a commitment to lend. Rates, fees and terms vary by lender and borrower and change often. Talk to a licensed mortgage lender about your specific situation.
Ready to make a plan?
Every move is different. Book a call with Aaron to talk through your timing, equity and options, or get a no-obligation estimate of what your current home could sell for.
Frequently asked questions about contingent offers
Do contingent offers usually go through?
Many do, but it depends on whether your home sells and closes by the deadlines, and whether the seller receives a competing offer. A realistic list price and a well-prepared home are the biggest factors you control.
Can a contingent offer be bumped in Washington?
Yes, if the addendum allows the seller to keep marketing, which is common. The seller gives notice of another offer and you have a set window to remove your contingency or step aside. Know your response plan before you sign.
Will a seller even consider a contingent offer?
Some won’t, particularly when they have multiple offers. Others will, especially if your home is already under contract, the rest of your offer is strong and your timeline is short. It’s worth asking the listing broker early how their seller views contingent offers.
What happens to my earnest money if my house doesn’t sell?
That’s governed by the contract and addendum terms. In many cases, if the contingency isn’t satisfied and the purchase ends as the contract provides, your earnest money is returned, but you should confirm the exact terms with your broker before signing.
How do I avoid a home sale contingency altogether?
Sell first (often with a rent-back), use a bridge loan or HELOC, or look at a buy-before-you-sell program. My sell first or buy first guide walks through the trade-offs.
Where can I find more answers?
My FAQ page covers more questions about buying and selling at the same time, or you can book a call and I’ll walk through your specific situation.
Talk through your move with Aaron
Every move is different. Book a call with Aaron to talk through your timing, equity and options, or get a no-obligation estimate of what your current home could sell for.
Aaron Yoon, Broker, eXp Realty. Local market figures are sourced from NWMLS where noted. Financing information on this page is educational only and is not a loan offer or a commitment to lend. Rates, fees and terms vary by lender and borrower and change often. Talk to a licensed mortgage lender about your specific situation.
