We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Kick-Out Clause?

Mary McMahon
By
Updated Jan 23, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A kick-out clause is a clause in a contract for a real estate sale which sets up a contingency which, when triggers, causes the contract to either lapse or be made good. If the buyer cannot meet the contingency, the contract will lapse, and the seller will move on to another buyer. If the buyer is able to meet the contingency, the contract is exercised and the sale moves forward. There are several settings in which a kick-out clause may be used, and it may not be the only contingency attached to the contract, depending on how the contract is structured.

In the classic example of how a kick-out clause might be used, a buyer might put a home under contract with a contingency stating that his or her own home must sell before the purchase can go through. This may be used in markets where real estate prices are high and people cannot afford to buy a new home without selling their original home. For the seller, however, this poses an obvious problem, because sellers do not want to sit around waiting for the buyer's house to sell for the sale to go through.

With a kick-out clause, the seller agrees to the contingency with the understanding that the home will continue to be marketed. If the seller gets another offer for the house, the buyer might be given a period of time such as 72 hours in which to respond. The buyer can either agree to move forward with the sale or allow the contract to lapse and lose the house. This provides flexibility for the seller, allowing the seller to get a good offer under contract while continuing to market the house in case a better offer comes up.

Putting a house under contract with a kick-out clause can be beneficial for buyers because it means that they have a contract set up and ready to go when their own homes sell. This can reduce the risk of ending up in a situation in which the house is sold but no replacement is under contract, forcing a stay in a rental or hotel until a home becomes available for purchase.

A real estate agent can add a kick-out clause to a contract along with other contingencies. Another common contingency is that the sale must be contingent upon financing. This ensures that the buyer is not forced to follow through on the contract even if the financing is not available. Likewise, people may reserve the right to back out of a contract or renegotiate it if real estate inspections reveal fundamental flaws with the home or property.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGeek researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.