When a homeowner wants to purchase another property, they may need to sell their current home before they can complete the next purchase. One way to handle this situation is through a subject-to-sale offer.
A subject-to-sale offer means the buyer’s purchase is contingent upon successfully selling their current property.
This type of offer can help buyers move from one home to another, but it also creates additional considerations for both sides of the transaction.
How Does a Subject-to-Sale Offer Work?
A buyer submits an offer on a home with language stating that the purchase depends on the sale of their current property.
The addendum includes a deadline for the buyer to sell their home. If the buyer cannot complete the sale by that deadline, it gets renegotiated to extend the deadline or the agreement is canceled.
The details matter. Sellers will often want to know:
Benefits for the Buyer
Avoiding Two Mortgage Payments
Many buyers cannot comfortably own two homes at the same time. Selling their current home first allows them to avoid carrying two mortgage payments, two insurance policies and two sets of utility expenses.
Using Equity for the Next Purchase
A buyer may need the proceeds from their current home to fund the down payment and closing costs on the next property.
A subject-to-sale contingency gives the buyer time to access that equity.
Coordinating the Move
The contingency can help buyers coordinate the sale of their current home with the purchase of the next one. This may reduce the need for temporary housing or multiple moves.
Reducing Financial Risk
Without a contingency, the buyer could be responsible for purchasing the next home even if their existing home does not sell as quickly as expected.
The contingency provides an additional layer of financial protection.
Drawbacks for the Buyer
The Offer May Be Less Competitive
A seller may prefer an offer that is not dependent on another property selling.
In a competitive market, a subject-to-sale contingency may cause the seller to choose another buyer, even when the subject-to-sale offer has a strong purchase price.
The Buyer May Feel Pressure to Sell Quickly
Once the offer is accepted, the buyer may need to prepare, list and sell their current home within a specific period.
This can create pressure when selecting a price or responding to offers.
The Buyer Could Lose the Home
If the buyer cannot sell their existing home by the agreed deadline or before another buyer offers without a subject to sale offer, they may lose the opportunity to purchase the new property.
Some agreements may also allow the seller to continue marketing the home and accept another offer under certain conditions.
Benefits for the Seller
A Larger Pool of Potential Buyers
Accepting subject-to-sale offers gives more buyers an opportunity to purchase the property.
This may be especially helpful when the home has been on the market for a while or appeals to buyers who are likely to already own a home.
Potentially Stronger Price or Terms
A buyer may offer a stronger price, more earnest money or other favorable terms to offset the additional risk created by the contingency.
Drawbacks for the Seller
More Uncertainty
The seller’s transaction now depends on the successful sale of another property.
If the buyer’s home does not sell, the seller’s transaction could be delayed or canceled.
A Longer Chain of Transactions
An issue with the buyer’s inspection, appraisal, financing or closing could affect the seller’s transaction.
The more properties and parties involved, the more opportunities there are for delays.
Complications With the Seller’s Next Purchase
If the seller is also buying another home, a delay in the buyer’s sale can affect multiple connected transactions.
This is why timelines and contingency language should be carefully reviewed.
Is a Subject-to-Sale Offer a Bad Offer?
Not necessarily.
A subject-to-sale offer should be evaluated based on the entire situation. A seller should consider the buyer’s home, its price, its condition, its marketability and whether it is already under contract.
For buyers, the contingency can be an important tool that makes moving possible without taking on unnecessary financial risk.
The Bottom Line
A subject-to-sale offer allows a buyer to purchase a home while making the transaction dependent on the sale of their current property.
It provides valuable protection for the buyer, but it also creates additional uncertainty for the seller.
The strongest subject-to-sale offers typically come from buyers whose homes are already listed, competitively priced or under contract.
Every situation is different. Buyers and sellers should review the deadlines, risks and protections included in the purchase agreement before moving forward.