Should You Accept a Contingent Offer in Northern Virginia? The Kick-Out Clause Explained

Contingent Offers in Northern Virginia: How the Kick-Out Clause Works & What Sellers Need to Know

In Northern Virginia, a home sale contingency means the buyer can only purchase your home if their current home sells first. Sellers who accept these offers can protect themselves with an NVAR kick-out clause — a provision in the Contingencies and Clauses Addendum (K1344) that lets you keep marketing your home and requires the contingent buyer to remove their contingency or void the contract within a set window (typically 72 hours) if a stronger offer arrives. Whether to accept depends on your timeline, your pricing position, and what the active buyer pool looks like in your neighborhood.

TL;DR — Too Long, Didn't Read

• A contingent offer means the buyer must sell their current home before they can close on yours.
• The NVAR K1344 kick-out clause lets you keep showing your home while under contract in Virginia.
• If a better offer arrives, the contingent buyer gets 72 hours to remove the contingency or void.
• Buyers who void get their earnest money back in full — they're exercising a contractual right, not breaking the deal.
• Whether to accept depends on how long you've been listed, buyer activity, and the strength of the offer — get a current valuation before deciding.

By Samantha Bard, REALTOR® | June 8, 2026

The Home Sale Contingency: What It Means for Sellers & Why It's More Common in 2026

A home sale contingency is exactly what it sounds like: the buyer's purchase is contingent on the sale of their current home. They want your house — but they can't close without the proceeds from their own sale.

In Fairfax County and across Northern Virginia, these offers are more common in 2026 than they were two years ago. The market has balanced enough that move-up buyers — people trading their Vienna townhouse for a McLean single-family, or their Reston condo for a Burke colonial — are active but unwilling to carry two mortgages. They need the timing to line up.

As a seller, here's the core tension: you like the offer. Maybe the price is strong. Maybe the buyer is well-qualified. But signing a contingent contract means you're effectively off the market — and if their sale falls through, so does yours.

That's where the kick-out clause comes in.

The NVAR Contingencies and Clauses Addendum (K1344) includes a specific provision for home sale contingencies. When you accept a contingent offer with a kick-out clause, you retain the right to continue marketing your property. If another buyer submits a non-contingent offer that you want to accept, you notify the contingent buyer — and they have a defined window, typically 72 hours, to either remove their contingency or void the contract.

If they remove the contingency, they're committed to buying your home regardless of whether their current home sells. If they void, they get their earnest money back, and you proceed with the new buyer.

This matters especially in Northern Virginia because, as a seller, you have almost no ability to unilaterally back out of a contract once signed. Virginia courts take contracts seriously. The kick-out clause is one of the few structural protections you have, and you should understand exactly how it works before you decide whether to accept.

When to Accept — and When to Walk Away: Evaluating a Contingent Offer

Not every contingent offer deserves a yes. Here's how to think through the decision.

Factors that make a contingent offer worth accepting:

• The buyer's home is already listed or under contract. If they're already in contract on their sale, your risk is minimal. Ask for documentation before you counter.
• The offer price compensates for the uncertainty. If the contingent offer comes in meaningfully above asking, the premium may be worth the timeline risk.
• Your listing has been sitting. If you've been on market for 21 or more days in a neighborhood like Reston — where well-priced homes typically move in the first week — a contingent offer may be your strongest current path forward.
• The kick-out clause is properly structured. A 72-hour notice period is standard in Northern Virginia. If a buyer is pushing for 96 or 120 hours, that's a negotiating point worth pushing back on.

Factors that increase your risk:

• The buyer's home hasn't listed yet. A buyer who hasn't prepared their own home for market is carrying significant timing uncertainty. You could sit under contract for 30 to 60 days while they prep, list, and find a buyer of their own.
• Their home is in a slow price bracket. If their property sits in a price band where inventory is high or buyer demand is thin, their sale timeline is unpredictable.
• You're still drawing active showings. If non-contingent buyers are touring your home, tying yourself to a contingent offer closes that door. Hold out.
• The contingency window is long. A buyer asking for 90 or more days to close their home sale is asking you to sit off the market through an entire selling cycle. That's rarely worth it.

Don't evaluate a contingent offer in isolation. The right question isn't "is this offer acceptable?" — it's "is this offer better than what I'm likely to get if I wait another two to three weeks?"

That calculation is specific to your home, your price point, and what's happening with buyers right now. In McLean and Great Falls, where price points are high and the buyer pool is smaller, the wait for a non-contingent offer can stretch. In the more active mid-price bands of Fairfax County or along the Loudoun County corridors, non-contingent offers often come faster. Knowing your market is everything here.

For more on how buyers structure these decisions from the other side, see this post on bridge loans and contingent offers in Northern Virginia.

The Kick-Out Clause in Practice: What Happens Step by Step & What Sellers Should Expect

Here's how the kick-out clause plays out in a real Northern Virginia transaction:

1. You accept the contingent offer with kick-out clause. The NVAR K1344 addendum is attached to your executed contract. It specifies the contingency type (home sale), the kick-out notice period (typically 72 hours), and the contingency deadline — the date by which the buyer's home must go under contract or close for the deal to proceed.
2. You continue marketing your property. Your home remains active in Bright MLS — listed as "Contingent with Kick-Out" rather than "Under Contract." You can schedule showings, receive backup offers, and stay engaged with new buyers coming to market.
3. A non-contingent offer arrives. You receive an offer you'd prefer to accept. Before executing it, your agent must deliver formal written notice to the contingent buyer's agent. The timing and delivery method matter — document everything.
4. The 72-hour clock starts. The contingent buyer now has 72 hours to make a decision: remove the contingency and commit to closing with or without their home selling, or void the contract and walk away with their earnest money deposit returned in full.
5. Resolution. Either the contingent buyer removes the contingency — creating a clean, binding contract — or they void, freeing you to proceed with the new buyer. Either outcome moves your sale forward.

One practical note: the 72-hour window is genuinely stressful for buyers. They may need to call their lender about whether they can qualify for two mortgages simultaneously, explore a bridge loan, or decide they can't commit without their sale closed first. Understanding why they may push back on the clock during negotiation helps you go in prepared.

Also worth knowing: the kick-out clause applies specifically to home sale contingencies. It's separate from financing contingencies, inspection contingencies, or radon contingencies — which have their own addenda and timelines under the NVAR contract framework. Make sure you and your agent read the full K1344 before you sign.

For a complete look at what sellers pay at the closing table — including grantor's tax and the NoVA Regional Congestion Relief Fee — see the full itemized breakdown of seller closing costs.

Frequently Asked Questions: Contingent Offers in Northern Virginia

Q: What is a home sale contingency in Northern Virginia?

A: A home sale contingency means the buyer's purchase of your home depends on the successful sale of their own property. It's common among move-up buyers in Northern Virginia who need proceeds from their current home to fund the next purchase. The NVAR Contingencies and Clauses Addendum (K1344) governs how these contingencies are structured in Virginia contracts. Learn how buyers in Northern Virginia approach the sell-first-or-buy-first decision.

Q: How does the kick-out clause work in Virginia?

A: The kick-out clause lets you continue marketing your home while under a contingent contract. If a non-contingent offer comes in that you want to accept, you issue written notice to the contingent buyer, who then has a defined period — typically 72 hours in Northern Virginia — to remove their contingency and commit to the purchase, or void the contract and receive their earnest money back. This provision appears in the NVAR K1344 addendum and applies to contracts in Fairfax County, Loudoun County, Arlington, and throughout the NVAR service area.

Q: Does the buyer get their earnest money back if they void due to a kick-out?

A: Yes. If a contingent buyer exercises their right to void after receiving kick-out notice — and their contingency has not been removed — they get their earnest money deposit back in full. They haven't breached the contract; they're exercising a contractual right. For a full breakdown of what sellers walk away with at closing, see this post on seller closing costs in Northern Virginia.

Q: Should I accept a contingent offer if my home in Reston is new to market?

A: Generally, if you're early in your listing and drawing active showings in Reston or another active NoVA neighborhood, hold out for a non-contingent offer. A well-priced home in Reston typically generates multiple showings in the first 7 to 10 days. If you haven't hit that window yet, waiting for a cleaner offer makes sense. If you're past the two-week mark without a non-contingent offer, the calculus shifts. Get a current home valuation to understand your position.

Q: Can I accept a backup offer while already under a contingent contract in Virginia?

A: Yes. Under Virginia law, you can execute a backup offer agreement with a second buyer while your primary contingent contract is active. A backup buyer agrees to purchase your home if the primary deal falls through — they're next in line, not competing with the first buyer in real time. This is different from a kick-out situation and doesn't require a notice period. Your listing agent can structure the backup terms in compliance with NVAR guidelines. Schedule a consultation to talk through your options.

If you're staring at a contingent offer right now and trying to decide whether to sign, the most useful thing you can do first is understand exactly what your home is worth and what your realistic alternatives look like. A contingent offer isn't automatically a bad deal — but you shouldn't accept one without knowing your position in the current market.

I'd be glad to put together a free home valuation for you — including a realistic read on buyer activity in your neighborhood and whether holding out for a non-contingent offer makes financial sense.

Find out what your home is worth today →

About Samantha Bard, REALTOR®

Samantha Bard is a licensed REALTOR® with Coldwell Banker Realty specializing in the Fairfax County and broader DC Metro real estate markets. As an Accredited Buyer's Representative (ABR) and Seller Representative Specialist (SRS), she provides strategic, detail-oriented guidance to buyers, sellers, and investors navigating everything from first-time purchases to probate sales and out-of-state relocations. She is dedicated to helping clients across Northern Virginia make informed, confident real estate decisions.

License #0225198344 VA | Coldwell Banker Realty | (703) 471-7220

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