Home Sale Contingency in Davie, FL: The Kick Out Clause

What is a home sale contingency in Davie, FL?

A home sale contingency makes your offer on a Davie home conditional on selling your current house first, so you are not stuck carrying two mortgages. In Florida it is added to the FAR/BAR contract as Addendum V, the Sale of Buyer’s Property addendum. Sellers protect themselves with a kick out clause, Rider X, which lets them keep marketing the home and accept a stronger offer if you cannot drop your contingency in time.

If you own a home in Davie and want to buy your next one, you are facing the question I hear most from move up owners right now. Do you sell first and risk having nowhere to live, or buy first and risk two house payments? A home sale contingency is one of the three ways to solve that, and it lives or dies on the exact contract language you sign. If you are early in the process, start with my Davie buyer’s guide and then come back to this.

Most owners who ask me this are sitting on a low mortgage rate and real equity. They do not want to give up the payment they have, and they cannot comfortably float two mortgages while their current home sits on the market. Most Davie residents own their homes, per Census QuickFacts, so this is the position a lot of local sellers are in. That tension is the whole reason the contingency exists.

How a home sale contingency works in a Florida contract

A home sale contingency is not built into the base FAR/BAR contract. Your agent adds it as Addendum V, the Sale of Buyer’s Property addendum. Once it is attached, your purchase is tied to closing on your current home by a date you and the seller agree to. Miss that date and, depending on how the addendum is written, either party can usually cancel and your escrow deposit comes back.

Here is what the addendum actually pins down:

• The deadline to get your current home under contract, and the deadline to close it.
• What happens to your escrow deposit if your sale falls through.
• Whether the seller can keep showing the home while your contingency is live.

That last point is where the kick out clause comes in. A sale contingency is a different animal than a financing contingency, which protects you if your loan falls through. This one is about your other house.

The median single family home in Davie sells for davie_stat segment=”sfh” field=”median_sales_price” label=”1″], and homes here are moving at 57 days (single-family avg days on market, trailing 182 days ending Oct 19, 2026, based on 192 listings, per BeachesMLS). When Davie inventory moves quickly, a clean offer with no sale contingency looks a lot more attractive to a seller than one that depends on your house selling first. That is the real cost of the contingency. It can put your offer behind stronger ones, and even a clean offer can still hit a [low appraisal later, so sellers weigh certainty heavily.

The kick out clause, Rider X, and what it means for you

When a Davie seller accepts your contingent offer, they are taking a risk. Their home is off the market, riding on whether your house sells. The kick out clause, added as Rider X to the FAR/BAR contract, is how they limit that risk.

Rider X lets the seller keep marketing the home even after they sign with you. If another buyer comes in with a stronger offer, usually one with no sale contingency, the seller can notify you and start the clock. You then have a set window, often somewhere between 24 and 72 hours depending on what you negotiated in the rider, to remove your contingency and prove you can close without selling your home first. If you can, the home is yours. If you cannot, the seller can cancel and take the other offer, and your deposit is returned.

So the kick out clause is not a trick. It is the seller saying yes to your contingency while keeping a door open. Your job as the buyer is to negotiate a response window you can actually live with, and to line up a backup plan, such as a bridge loan, in case the clock ever starts. If you do end up competing to keep the home, knowing how to strengthen your terms with something like an escalation clause can matter.

Contingency, bridge loan, or sell first

A home sale contingency is only one of three ways to bridge the gap between selling and buying. Here is how I frame the choice for Davie clients:

1. Home sale contingency. Lowest financial risk, highest deal risk. You never carry two mortgages, but your offer is weaker and a kick out clause can end it.

2. Bridge loan or other financing. You buy first and use short term financing until your current home sells. Stronger offer, but you take on cost and you need to qualify to carry both payments.

3. Sell first, then buy, often with a rent back. You sell, keep your equity, and negotiate to stay in the home for a short period while you close on the next one. This is the cleanest offer you can make, and rent backs are common in Davie right now. Timing your listing well matters here, so look at the best time to sell in Davie before you commit.

Which one fits depends on your equity, your rate, how fast your current home should sell, and how competitive the home you want is. A Long Lake Ranches (33330) acreage estate and a central Davie home in Ivanhoe (33324) can behave very differently on the market, so the same strategy will not fit both. Working with a buyer’s agent who writes these addenda correctly matters, and NAR explains how buyer representation works after the 2024 settlement.

If you are the seller weighing a contingent offer

If you are selling in Davie and a contingent offer comes in, do not reject it out of hand. A strong buyer with a well priced home in a fast moving area may close on schedule. Protect yourself with Rider X so you can keep marketing, ask for proof that the buyer’s home is priced to sell, and compare the price and terms of the contingent offer against what a clean offer would realistically bring. Your net at closing is what matters, so run the numbers on your Davie seller net sheet before you decide. Before you sell, it is also worth checking your home’s assessed value and homestead status with the Broward County Property Appraiser, since that affects your equity math, and your deed and any payoff are recorded through Broward County at closing.

You can find every active listing yourself on Zillow or Redfin. What you cannot pull up online is whether a contingent buyer’s home will actually close, how tight to write the kick out window, and how to weigh two very different offers against each other. That read is the work.

Frequently Asked Questions

Is a home sale contingency a good idea in Davie’s market?

It protects you from carrying two mortgages, but it makes your offer weaker. When Davie homes are selling quickly, a seller with other options may pass on a contingent offer or insist on a kick out clause. If your current home is priced to sell and you have a backup plan, it can still work.

What is the difference between Addendum V and Rider X?

Addendum V is the Sale of Buyer’s Property addendum. It is what makes your Florida purchase contingent on selling your current home. Rider X is the kick out clause. It is what lets the seller keep marketing and replace your offer if a stronger one arrives and you cannot remove your contingency in time.

How long do I have if the seller triggers the kick out clause?

The window is whatever you negotiated in Rider X, often between 24 and 72 hours. During that time you have to remove your sale contingency and show you can close without selling your home first, usually by lining up financing. If you cannot, the seller can cancel and your deposit is returned.

Should I sell my Davie home first or buy first?

It depends on your equity, your current rate, and how competitive the home you want is. Selling first gives you the strongest, cleanest offer and no double payments, and a rent back can buy you time to move. Buying first with a bridge loan makes a stronger offer but adds cost and requires qualifying for both payments.

Do I get my deposit back if my home does not sell?

In most cases, yes, if the contingency is written correctly. If you cannot close on your current home by the deadline in Addendum V, or the seller kicks you out under Rider X, the contract is cancelled and your escrow deposit is returned. The exact terms are what your agent negotiates, so read the addendum before you sign.

Talk to a Davie Real Estate Expert

If you are trying to buy your next Davie home before selling your current one, the smartest first step is a conversation about which path fits your equity and your timeline. Anthony Spitaleri is a Davie native and a Broker Associate with Coldwell Banker Realty who built livingindavieflorida.com. Schedule a strategy call and map out your move before you write an offer.

Anthony Spitaleri

Broker Associate, REALTOR® | Coldwell Banker Realty

Creator of Living in Davie, Florida

Davie, Florida | Serving Davie, Weston and surrounding Broward markets

954-235-5783

Florida License BK3281907

@livingindavieflorida

Written by Anthony Spitaleri, Broker Associate, REALTOR® with Coldwell Banker Realty and a Davie native. More about Anthony