Posts Tagged ‘buyer subject clauses’

Buying and selling a home at the same time can feel like a balancing act. You may need the money from your current home to purchase your next one, but you may also be worried about selling first and not having anywhere to go. That is where a subject to sale clause may come in. In real estate, subject to sale means a buyer’s offer depends on the sale of their current home. In simple terms, the buyer is saying, “I want to buy your home, but only if I can successfully sell mine by a certain date.” This can be a useful tool, but it also comes with risks for both buyers and sellers. What Is a Subject to Sale Clause? A subject to sale clause is a condition written into an offer to purchase a property. It gives the buyer time to sell their existing home before they are fully committed to completing the purchase. For example, a buyer may write an offer on a new home with a condition that says the purchase is subject to the sale of the buyer’s current property by a specific date. If the buyer sells their home and removes the condition, the deal can move forward. If the buyer cannot sell their home within the agreed timeline, the buyer may not be required to proceed, depending on how the contract is written. This is different from a standard financing or inspection condition because it depends on another property selling. Why Buyers Use Subject to Sale For buyers, subject to sale can create breathing room. Many homeowners cannot comfortably own two homes at once. They may need the proceeds from their current home for their down payment, mortgage approval, or closing costs on the next property. A subject to sale clause can help reduce the risk of buying before selling. It allows the buyer to secure a potential next home while still giving them time to complete the sale of their current one. This can be especially helpful for move-up buyers, families needing more space, downsizers, or anyone whose purchase depends on unlocking equity from their existing home. The Benefits for Buyers Subject to sale can offer several advantages: It may reduce the pressure of selling first and rushing to find a new home It can help protect buyers from carrying two mortgages It may allow buyers to move forward before their current home has sold It can create a more organized transition between homes It gives buyers time to confirm whether their sale will come together For buyers who are financially cautious, this condition can make the process feel more manageable. The Risks for Buyers The main downside is that subject to sale offers are often less attractive to sellers. From the seller’s perspective, the offer depends on something outside their control. If the buyer’s home does not sell, the seller may lose valuable market time. Because of this, a seller may reject a subject to sale offer, counter it with stronger terms, or accept another offer with fewer conditions. Buyers should also understand that they may still need to act quickly. If the seller receives another acceptable offer, there may be a time clause that requires the first buyer to remove their subject to sale condition within a short period, often 24 to 72 hours depending on the contract. If the buyer cannot remove the condition, they may lose the property. What Sellers Need to Know For sellers, accepting a subject to sale offer can be helpful, but it needs to be handled carefully. A subject to sale offer may be worth considering if the buyer’s home is already listed, well-priced, located in a strong market, and likely to sell within a reasonable timeframe. However, sellers should not only look at the purchase price. They should also consider the strength of the buyer’s current listing, the timeline, the buyer’s motivation, and whether the seller can continue marketing their property. A high offer with a weak subject to sale condition may not always be better than a slightly lower offer with cleaner terms. How Sellers Can Protect Themselves Sellers can often reduce risk by negotiating clear terms. Helpful protections may include: A firm deadline for the buyer to sell their property A requirement for updates on the buyer’s sale progress Confirmation that the buyer’s property is already listed The ability for the seller to continue marketing the home A time clause if another acceptable offer is received Strong deposit and completion terms once subjects are removed The goal is not just to accept an offer. The goal is to accept an offer that has a realistic path to completion. What Is a Time Clause? A time clause is commonly used when a seller accepts an offer that is subject to the sale of the buyer’s home. It allows the seller to continue showing the property and considering other offers. If the seller receives another acceptable offer, they can give the first buyer notice. The first buyer then has a set amount of time to remove their subject to sale condition. If the first buyer removes the condition, they move forward with the purchase. If they do not, the seller may be able to move forward with the second buyer, depending on the wording of the contract. This gives the seller some flexibility while still giving the first buyer an opportunity to proceed. Subject to Sale vs. Selling First Some buyers choose to sell their current home first, then shop with a clearer budget. This can make their next offer stronger because it removes the uncertainty of needing to sell. The downside is that the buyer may need temporary accommodation, a rent-back arrangement, or a longer completion date to give themselves enough time to find the next home. Selling first often creates more certainty. Buying subject to sale may create more convenience. The right choice depends on your market, finances, risk tolerance, and housing needs. Subject to Sale vs. Buying First Buying first can be appealing if the right home becomes available before your current home is sold. The risk is that you may feel pressure to sell your existing home quickly. If the market shifts, pricing is too high, or the home takes longer than expected to sell, you could face financial stress. Before buying first, speak with your mortgage broker and REALTOR® about your options. Some buyers may qualify for bridge financing, but not everyone will. You need to know your numbers before making a decision. Tips for Buyers Using Subject to Sale If you are planning to make a subject to sale offer, preparation matters. Before writing an offer: Have your current home market-ready Review your pricing strategy honestly Speak with your mortgage broker Understand your maximum purchase price Know your preferred dates Be ready to list quickly if your offer is accepted Work with a REALTOR® who can explain your strategy clearly to the seller A subject to sale offer is stronger when the seller can see that your home has a clear plan to sell. Tips for Sellers Reviewing a Subject to Sale Offer If you receive a subject to sale offer, look beyond the price. Ask important questions: Is the buyer’s home already listed? Is it priced realistically? How long has it been on the market? What is the buyer’s local market like? What deadline is being proposed? Can you continue to market your home? Is there a time clause? What happens if the buyer does not sell in time? A subject to sale offer can work well, but only when the terms are clear and the risk is understood. The Bottom Line Subject to sale can be a practical solution when someone needs to sell one home in order to buy another. For buyers, it can reduce financial pressure. For sellers, it can create an opportunity to secure a buyer, but it also introduces uncertainty. Like most real estate decisions, the best strategy depends on the details. In a slower market, sellers may be more open to subject to sale offers. In a competitive market, buyers may need to make their offer stronger in other ways. Either way, the key is to understand the timelines, risks, and contract terms before moving forward. If you are buying and selling at the same time in Greater Victoria, our team can help you build a clear strategy before you make your next move.   Lisa S., 5-Star Review, via Google “Scott went above and beyond for us in both finding our dream home and selling our condo. He listened to us and provided professional advice for each circumstance. Would highly recommend!” Faber Real Estate Group Royal LePage Coast Capital Realty 📞 250-244-3430 📧 [email protected] ℹ️ Scott Faber Personal Real Estate Corporation ℹ️ Cal Faber Personal Real Estate Corporation Vanessa Wood, Zachary Parsons, and Sophie Taylor “Building Lasting Relationships, One Home at a Time.”