What Is a Home Sale Contingency Clause in Massachusetts?
A Clear Guide for Buyers & Sellers Heading Into 2026 in Greater Boston, the South Shore, and Cape Cod
As we move into 2026, the Massachusetts real estate market remains competitive and fast-moving. Buyers and sellers across Boston, Greater Boston, the South Shore, Cape Cod, and the Islands are navigating rising prices, low inventory, and tighter timelines than ever.
One topic that regularly comes up—especially for move-up buyers—is the home sale contingency clause. Whether you're upsizing in Hingham, selling a condo in Boston, or downsizing on Cape Cod, understanding this clause can dramatically impact your negotiation strategy.
Below is a clear, practical guide from The Charles King Group at Real Broker MA on what a home sale contingency is, how it works, who benefits, and when it makes sense in our 2026 market landscape.
What Is a Home Sale Contingency?
A home sale contingency is a clause added to a buyer’s offer stating that their purchase of a new property depends on selling their current home.
If the buyer’s home doesn’t sell by the agreed-upon deadline (before signing the Purchase & Sale or before closing), the buyer can typically walk away without losing their deposit.
In simple terms:
➡️ The buyer only moves forward if their existing home sells
➡️ The seller accepts added risk in exchange for a stronger overall offer
Why Buyers in Massachusetts Use Home Sale Contingencies
Even with rising equity levels across the region, many buyers still need funds from their current home to purchase the next one. Common reasons include:
Avoiding carrying two mortgages
Using sale proceeds for a down payment
Reducing debt exposure
Coordinating a smoother transition between homes
For buyers, this clause provides protection—but it can also weaken the competitiveness of their offer.
How a Home Sale Contingency Works in Massachusetts
While the specifics vary, most MA contingencies include the following:
1. The Buyer Must List Their Home Promptly
Some sellers require the buyer’s home to already be listed before accepting the offer.
2. A Strict Timeline Is Defined
Typical deadlines include:
When the buyer must secure an accepted offer on their home
When the home must pass inspection and appraisal
When the buyer’s sale must close
3. The Buyer Shares Listing Information
Sellers often request:
Listing price
Photos
MLS sheet
Agent information
This allows the seller to assess the likelihood of a successful sale.
4. The Seller Can Continue Marketing Their Property
Many Massachusetts sellers continue to show their home and may accept backup offers during the contingency period.
5. A Kick-Out Clause May Be Included
If the seller receives a stronger, non-contingent offer, the original buyer typically has 24–72 hours to remove the contingency or step aside.
Pros & Cons for Buyers
👍 Benefits
Avoids the pressure of rushing to sell
Prevents owning two homes at once
Allows buyers to move without unnecessary financial strain
👎 Drawbacks
Makes your offer less competitive
Higher risk of rejection in Boston and desirable South Shore towns
May require stronger terms (higher price, larger deposit, tighter deadlines)
Pros & Cons for Sellers
👍 Benefits
Opens the door to motivated move-up buyers
May result in stronger pricing or improved terms
Works well if the seller isn’t under strict time pressure
👎 Drawbacks
The sale depends on another transaction closing
Buyer’s home may be overpriced or slow to move
Property may sit off-market longer than ideal
Risk is amplified in fast-moving markets like Boston, Brookline, Hingham, and Chatham
When a Home Sale Contingency Makes Sense in Massachusetts
This strategy can work well when:
The seller isn’t on a tight timeline
The home has been on the market longer than average
Demand is softer (late fall and winter especially)
The buyer’s current home is well-priced and desirable
Both parties want a coordinated, lower-stress move
It becomes more difficult when:
Inventory is extremely low
Multiple competing offers exist
The seller’s home is in a premium neighborhood
The buyer’s home is dated, overpriced, or in a slower-moving area
Advice for Buyers Considering a Home Sale Contingency
To improve your chances of success:
Price your home competitively from day one
List your home before writing an offer
Increase your earnest money deposit
Tighten contingency timelines
Explore bridge loans or HELOC pre-approval
Work with a team capable of selling your home quickly
The Charles King Group regularly helps buyers win homes—even when competing against non-contingent offers.
Advice for Sellers Evaluating a Contingent Offer
Before accepting a contingent offer, consider:
Is the buyer’s home priced realistically?
How strong is demand in their local market?
How long do they need to sell?
Can I continue marketing my home?
Is there a kick-out clause included?
Are the buyer’s finances and deposit strong enough to offset the risk?
Our team provides sellers with detailed pricing analysis, timeline projections, and risk assessments to support smart decision-making.
Buying Before Selling?
Let The Charles King Group help you structure a winning offer—even with a home sale contingency.
Final Thoughts
A home sale contingency can be a win-win when structured properly—but in Massachusetts’ 2026 real estate market, success requires strong pricing, clean timelines, and experienced guidance.
If you’re buying or selling in Boston, Greater Boston, the South Shore, Cape Cod, or the Islands, The Charles King Group at Real Broker MA can help you:
Decide whether a home sale contingency is the right move
Strengthen your offer or reduce risk as a seller
Coordinate your sale and purchase for a smooth, financially sound transition
Thinking about a move in 2026?
We’re here to help you build a plan that fits your timing, finances, and long-term goals.