Kick-out clause

A clause that lets the seller keep marketing the home even after accepting a home-sale-contingent offer. If a stronger offer comes in, the first buyer gets a short window to remove the contingency or step aside.

Offers & contracts · Updated September 2026

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Part 1 of 4

Why a seller cares

It is the seller's answer to a home-sale contingency: you keep showing, and if a better offer arrives the first buyer has a short time to commit or step aside. It keeps a contingent offer from taking the home off the market.

Part 2 of 4

A simple example

You accept a contingent offer with a 72-hour kick-out. Two weeks later a non-contingent offer arrives at the same price.

Kick-out clause: a simple example
What the first buyer does in 72 hoursWhat follows
Removes the home-sale contingencyThey keep the contract, now without the safety net
Does nothingThe contract ends and the second buyer moves in
Asks for more timeOnly if you agree; the clock is in the contract

A kick-out clause gives the contingent buyer a deadline instead of a veto.

Part 3 of 4

What people get wrong

That a kick-out lets you cancel whenever you like. It only fires when another acceptable offer arrives, and the first buyer gets their window first.

Part 4 of 4 · where to read next

Where it appears in the sale

What a definition is, and what it isn't

Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.

Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish

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