2026-10-26 · 4 min read · Orange County
Can We Make an Offer Contingent on Selling Our Current Home?
The short answer
Can you make an offer in Orange County that is contingent on selling your current home? Yes. A sale contingency lets you cancel if your home doesn't sell or close by a set date. Sellers often see it as added risk, so it tends to be stronger when your home is already listed or in escrow. If a contingent offer won't work, your family can also look at selling first or buying first, each with its own tradeoffs.
What Is a Home Sale Contingency?
A sale contingency is a condition in your purchase contract. It says your purchase depends on selling your current home, usually by a specific date. If your home doesn't sell in time, you may be able to cancel the new purchase under the terms of the contract.
I'm Jeanette Nelson, a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas. Moving from one home to the next is a life transition, and the order of steps matters as much as the price. I like to map the whole timeline with your family before either home is listed or offered on.
The California Department of Real Estate (DRE) reference book notes that standard purchase agreements can include contingencies such as the sale of the buyer's property. The details, including the deadlines and what happens if your home doesn't sell, are set in the contract.
Why Are Some Sellers Hesitant to Accept One?
From the seller's side, a sale contingency adds a second home, a second buyer and a second escrow they don't control. If your sale falls through, theirs may too.
Some sellers will still accept, especially when:
- Your home is already listed, priced well and getting showings.
- Your home is already in escrow with a buyer who has removed contingencies.
- The seller's own timing is flexible.
- Your offer is strong in other ways, such as price, deposit or a clean inspection plan.
Some contracts also let the seller keep marketing the home and accept a backup offer. If a better offer comes in, you may get a short window to remove your contingency or cancel. Ask how your contract handles this before you sign.
How Can We Make a Contingent Offer Stronger?
- Prepare your current home first. Repairs, staging and photos done before you write the offer.
- List it before you offer, or right after. A home that's already on the market reassures the other seller.
- Get your loan pre-approval in order. Your lender should confirm you qualify once your current home sells.
- Keep the timeline realistic. Choose sale and closing dates that match how homes like yours are selling.
- Plan for both closings. Lining up the two escrows can let your sale proceeds fund your purchase.
What if We Buy First Instead?
Buying first can mean moving once and avoiding a contingency. It usually means you need to qualify for both housing costs, or have a way to cover the down payment before your home sells.
Two tools come up often:
- A home equity line of credit, or HELOC. The Consumer Financial Protection Bureau (CFPB) explains that if you sell your home, you are generally required to pay off a HELOC in full. It also suggests weighing the upfront costs if you expect to sell soon.
- A bridge loan. CFPB rules describe a temporary or bridge loan as one with a term of 12 months or less, such as a loan to buy a new home when you plan to sell your current home within 12 months.
Ask a lender to compare the full cost of each option, and how it affects your monthly payment while you own two homes. This is general information, not lending or tax advice.
What if We Sell First Instead?
Selling first gives you a clear budget and cash in hand. The tradeoff is a possible in-between step, such as a short-term rental, a stay with family or a rent-back after closing if the buyer agrees.
For homeowners 55 or older, timing can matter for property taxes too. The California State Board of Equalization explains that under Proposition 19, an eligible homeowner can transfer their property tax base to a replacement home bought within two years of selling, either before or after the sale. What counts as "equal or lesser value" depends on timing: 100% of the original home's value if you buy before you sell, 105% in the first year after, and 110% in the second year after. Ask a CPA or the Orange County Assessor how it applies to your family.
Let's Start With a Conversation
If your family is weighing whether to sell first, buy first or write a contingent offer, I'd love to have a private planning conversation with you to map the timeline. Call or text me at 714.366.8575 | DRE: 01397168, or contact me. You can also learn more about downsizing. Jeanette Nelson is a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas.
Frequently asked questions
Will a seller accept an offer contingent on selling our home?
Some will and some won't. It often depends on how far along your sale is, how flexible the seller's timing is and the rest of your offer.
What happens if our home doesn't sell in time?
It depends on your contract. A sale contingency may let you cancel the new purchase by its deadline, or you and the seller may agree in writing to extend it.
Is buying first or selling first better?
Neither is right for everyone. Buying first can mean one move and more financing pressure. Selling first gives you a firm budget and may mean a temporary place to stay.
Can we use Prop 19 if we buy before we sell?
The State Board of Equalization says the replacement home can be bought within two years before or after the sale. Eligibility rules apply, so check with the Orange County Assessor or a CPA.