Should You Accept a Contingent Offer on Your Miami Home?
Should Miami sellers accept an offer that's contingent on the buyer selling their home first?
Miami sellers can accept a contingent offer — but it requires careful evaluation. In Florida, a home sale contingency is formalized through the CR-6 "Sale of Buyer's Property Rider," and sellers who accept one can protect themselves with a kick-out clause that keeps the home available to other buyers. Whether to accept depends on the buyer's current situation, the state of your market, and whether you can negotiate the right protections. In 2026's more balanced Miami market, contingent offers are appearing more frequently than they did during the peak seller's market — and knowing how to respond strategically can mean the difference between a smooth closing and weeks of wasted time.
By Lynley Ciorobea | May 7, 2026
You had your listing consultation. You prepped the home. You launched it. And now you have an offer on the table — but there's a catch. The buyer loves your home, but they can't actually close on it until they sell the one they're living in first.
So what do you do?
This is one of the questions I field most often from sellers, and it's one where the wrong answer can cost you real time — or cause you to pass on a deal that would have closed just fine. It's not a simple yes or no. It's a calculation that depends on who's making the offer, what the current market looks like in your neighborhood, and whether you can negotiate the right protections before you sign.
Here's how to think through it.
What a Home Sale Contingency Actually Means in Florida
When a buyer submits an offer that depends on selling their current home, they're asking you to put your property on hold while they go complete their own sale. If they can't sell — or choose not to — they can walk away from your contract. And depending on how the agreement is written, they may get their earnest money back when they do.
In Florida, this contingency is formalized through a document called theCR-6 "Sale of Buyer's Property Rider." This is a specific addendum to the standard FAR/BAR contract, and it requires the buyer to provide details about the home they're selling: the address, the listing status, and their target closing date. Without this rider, a home sale contingency isn't properly documented under Florida contract law.
What the CR-6 also makes clear is what happens if the buyer's home doesn't sell: the contract terminates and the buyer's deposit is returned. That part is worth sitting with. If the deal falls apart because their home didn't sell, you're not keeping the earnest money as compensation for your wait. You're just starting over — potentially months later — having turned away other buyers in the meantime.
That context shapes how you evaluate the offer in the first place.
How to Evaluate Whether the Offer Is Worth Accepting
Not all contingent offers carry the same risk. A buyer whose home is already under contract and set to close in 30 days is a very different situation from a buyer who hasn't listed yet and expects you to wait while they figure it out.
When a seller client brings me a contingent offer, here's what I want to understand about the buyer's situation:
Is their home already listed on the market? If yes, how long has it been active?
Do they have an accepted offer on their current home, or are they still waiting for one?
What's their home priced at, and what does the market look like where they're selling?
Does their mortgage pre-approval require the proceeds from their current sale, or can they qualify independently?
The stronger those answers, the more seriously I recommend a seller consider the offer. A buyer whose home is priced correctly, has been on the market for two weeks, and has solid showing activity is a meaningfully lower risk than a buyer who says "we're planning to list next month."
There's also a Miami market reality worth factoring in. In the luxury segment — homes above $3 million — most buyers are either paying cash or have enough financial flexibility to qualify for a new purchase without needing to sell first. Contingent offers at the higher end of the market are relatively uncommon. They tend to show up more often in the $750,000–$2 million range, where buyers are managing their finances more carefully.
In 2026, Miami's overall market has moved into more balanced territory. Inventory across Miami-Dade has risen, and days on market have extended — the city is now averaging 70 to 90 days from listing to contract in most neighborhoods, with Coral Gables averaging closer to 90 days market-wide (though well-priced, turnkey homes still move considerably faster). That shift matters, because in a tighter seller's market, you could afford to turn away a contingent offer knowing another one was likely coming. In today's market, you can't always count on that.
The question becomes: is this buyer, with this contingency, worth more than an open listing waiting for a cleaner offer?
The Kick-Out Clause — and Why It's Not Automatic in Florida
If you decide to accept a contingent offer, the right move in almost every case is to negotiate a kick-out clause at the same time.
A kick-out clause lets you continue marketing your home after accepting the contingent offer. If a second, non-contingent buyer comes along, you notify the first buyer — and they have a defined window (typically 24 to 72 hours) to either remove their contingency and proceed with a clean contract, or step aside and receive their deposit back.
There's a Florida-specific detail here that trips up a lot of transactions: a kick-out clause is not built into the standard FAR/BAR contract. It has to be negotiated as a separate custom addendum. If you simply sign the CR-6 rider without explicitly negotiating kick-out rights, you may not have the legal mechanism to continue showing your home or to accept and act on backup offers.
Under Florida contract law, your kick-out clause needs to clearly specify several things: what event triggers the clock (typically the receipt of a bona fide non-contingent offer), how you notify the first buyer, the length of their response window, what options they have once notified (remove the contingency or terminate), and what happens to their earnest money deposit if they choose to terminate.
Getting these details right matters. An ambiguous kick-out clause can create disputes that delay your closing or complicate the transition to a second buyer. Your agent and, in many cases, a real estate attorney should be involved before you sign anything.
Once a properly drafted kick-out clause is in place, you've preserved something important: the ability to keep working toward a better deal while keeping your options open.
Making the Decision for Your Miami Situation
Here's how I frame the decision for sellers I'm working with.
Consider accepting the contingent offer if:
The buyer's home is already under contract and their closing date aligns reasonably with yours
The offer price and other terms are strong — you're not being asked to take a discount on top of the uncertainty
Your home has been on the market for a while and this is the most competitive offer you've received
You can negotiate a kick-out clause that keeps you genuinely protected
You're not under time pressure and can absorb some uncertainty in your own timeline
Consider declining — or countering differently — if:
You've had consistent showings and believe a cleaner offer is likely coming soon
The buyer's home isn't listed yet and their timeline is vague
The contingency window being proposed is too long for your situation
You've already committed to a purchase yourself and need a reliable closing date
The overall offer terms don't compensate for the added risk
There's a middle path worth knowing about: you can counter the contingent offer with a shorter contingency window, higher earnest money, or both. A buyer whose home is genuinely close to selling will usually agree to tighter terms. One who resists those counters is often telling you something useful about their actual readiness.
One more note for sellers who are also buyers: if you need to sell your current home before you can buy your next one, you may be navigating the exact same decision from the other side. Understanding what sellers think about contingent offers helps you structure your own offer more effectively — and it may be worth exploring whether a bridge loan could help you make a cleaner, non-contingent offer on the home you want to buy, without being dependent on the timing of your current sale.
A contingent offer isn't automatically a bad offer. In the right circumstances, with the right protections in place, it can close just as cleanly as any other deal. The difference is in the evaluation and the contract terms you negotiate before you agree to it.
Frequently Asked Questions
What is a home sale contingency in Florida real estate?
A home sale contingency means the buyer's offer on your home depends on them successfully selling their own home first. In Florida, this is documented through the CR-6 "Sale of Buyer's Property Rider," a specific addendum to the FAR/BAR contract. The rider requires the buyer to disclose details about the home they're selling, including its address and target closing date. If the buyer's home doesn't sell within the agreed timeframe, the contract terminates and the buyer's earnest money deposit is returned to them.
Can I keep showing my home after accepting a contingent offer?
Only if you've negotiated a kick-out clause. In Florida, the kick-out clause is not part of the standard FAR/BAR contract — it must be added as a separate negotiated addendum. With a kick-out clause in place, you can continue marketing your home. If a non-contingent offer comes in, you notify the first buyer, who then has a set window — usually 24 to 72 hours — to either remove their contingency and proceed or walk away and receive their deposit back.
How common are contingent offers in Miami's luxury market?
In Miami's luxury segment above $3 million, most buyers are cash purchasers or carry pre-approved financing that doesn't depend on selling a prior home first. Contingent offers are more common in the $750,000–$2 million range. In 2026's more balanced market — with inventory up and days on market extending across most neighborhoods — sellers across all price points are seeing more contingent offers than they did at the peak of the seller's market.
What should I look for when evaluating a contingent offer?
The most important factor is the status of the buyer's current home. If their home is already under contract and set to close soon, the risk is substantially lower. If they haven't listed yet, the timeline is uncertain. Beyond that, look at whether the buyer's pre-approval requires their sale proceeds, how the offer price and terms compare to other interest you've received, and whether the buyer agrees to a kick-out clause. A buyer who resists reasonable kick-out terms is worth reconsidering.
If the buyer's home doesn't sell, do they get their deposit back?
Yes, typically. Under the CR-6 rider, if the buyer cannot sell their home within the specified timeframe, they can terminate the contract and receive their deposit back. This is the core risk for sellers — the deal falls apart and you're not entitled to keep the earnest money as compensation for the time lost. Negotiating a larger deposit adds some psychological commitment on the buyer's side, but it won't be retained unless the buyer's failure to close constitutes a breach of the contract terms rather than a valid contingency termination.
A contingent offer on your Miami home isn't automatically a good deal or a bad one. The right answer depends on who's making the offer, where their home stands in its own sale process, what the market looks like in your neighborhood right now, and how well you've protected yourself in the contract. Get those details right and you may end up at the closing table with a perfectly good transaction.
If you're looking at a contingent offer right now and trying to decide, I'm happy to walk through it with you. Reach out anytime — every situation is different, and the right answer is almost always in the specifics.
About Lynley Ciorobea
Lynley Ciorobea is a Miami-born real estate professional known for helping homeowners successfully prepare, position, and sell their homes across Coral Gables, South Miami, Pinecrest, Palmetto Bay, and the surrounding southern Miami neighborhoods. Since 2007, she has built her business around thoughtful strategy, strong negotiation, and a marketing-first approach designed to help listings stand out in an ever-evolving market.
A true local, Lynley grew up in Pinecrest and graduated from Palmer Trinity School before attending Duke University, where she earned a BA in Psychology. Her deep roots in Miami give her a nuanced understanding of the architecture, lifestyle, and character that make each neighborhood distinct. From classic Old Spanish homes in Coral Gables to newer construction in South Miami and Pinecrest, she brings a local perspective that goes far beyond surface-level market knowledge.
Over the years, Lynley has naturally become a trusted resource for homeowners preparing to sell. Many of her clients come to her long before their home ever hits the market, looking for guidance on timing, pricing, improvements, and how to position their property thoughtfully. She approaches each listing as a strategic launch rather than a simple transaction, combining market insight, negotiation experience, and elevated marketing to help sellers move forward with clarity and confidence.
As the founder of the Lynley Residential Group, Lynley remains personally involved in every listing she represents. She leads each transaction from initial strategy through closing, ensuring that every detail — from pricing and preparation to storytelling and exposure — reflects the uniqueness of the home itself. Her work often centers on architecturally interesting properties and homes where thoughtful positioning can make a meaningful difference in outcome.
Throughout her career, Lynley has consistently ranked among the top real estate agents in Miami. She has been recognized as part of EWM's Chairman's Club, placing in the top 5% of the company; in 2022 she was honored as the #2 individual agent at the company overall with $37 million in annual sales; and she's a leader in Miami with Real Broker. With more than $100 million in career transactions and more than 60 5-star Google reviews, her experience spans a wide range of property types while maintaining a strong focus on seller representation in southern Miami.
Beyond her work with clients, Lynley is known locally for her market insight and community-focused content. Through her weekly newsletter, neighborhood videos, blog posts, and social media, she shares thoughtful perspectives on the Miami real estate market and the lifestyle that surrounds it. Her approach is informative without being overwhelming, offering homeowners a clear understanding of how market conditions affect real decisions.
If you're preparing to sell a home in Coral Gables, Coconut Grove, South Miami, Pinecrest, Palmetto Bay, or nearby areas, Lynley offers a local perspective shaped by experience, relationships, and a genuine understanding of what makes Miami homes so special. Learn more at lynleyresidential.com.