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What Is a Home Sale Contingency Clause in Massachusetts?

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What Is a Home Sale Contingency Clause in Massachusetts?

Charles King

Charlie King began his real estate career in 2012 as a rental agent in Boston, quickly transitioning into sales after just one year...

Charlie King began his real estate career in 2012 as a rental agent in Boston, quickly transitioning into sales after just one year...

Dec 15 6 minutes read

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.

Let's Negotiate

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.