The Truth About Subject to Sale Offers

By Nick Hazzi

Nick has been in the real estate industry for over 15 years and has a wealth of knowledge and experience. He is passionate about his clients and dedicated to ensuring they get the most out of real estate, providing value far beyond any sale.

If you’re buying or selling a home, you’ve probably heard the phrase “subject to sale.” It might sound harmless, but this simple condition can have major consequences for both buyers and sellers. Many people misunderstand how it actually works, and that confusion often leads to weaker offers, lost opportunities, or unnecessary stress. Let’s look at what this clause really means and when it helps or hurts you.

Why “subject to sale” can hurt buyers. For most buyers, a “subject to sale” offer sounds like a cushion. It gives the impression that you’re protected if your current home doesn’t sell, but in practice, it provides very little security.

When you write an offer that’s contingent on your home selling, the seller has the right to keep their home on the market. If another offer comes in, they can give you a 48-hour notice to remove all contingencies or lose the deal entirely.

Here’s where the problem begins. Most buyers can’t remove those contingencies until their home actually sells, so they end up stuck. Unless you have a strong backup plan, such as financial support from family, bridge financing, or another way to qualify for the purchase, you’ll lose the home once that notice is issued. This creates unnecessary pressure and uncertainty.

On top of that, “subject to sale” offers are viewed as weak in competitive markets. If a seller has two offers, one clean and one with this condition, they’ll almost always take the clean one. To compete, you might have to offer a higher price or better terms, which means you could end up paying tens of thousands more just to have a chance.

The challenge doesn’t stop there. While trying to secure your next home, you’re also managing the sale of your current one. The looming 48-hour window can make you feel rushed and anxious, leading you to accept a lower offer on your existing home just to keep your purchase alive.

That combination of overpaying for your new property and underselling your old one can set you back financially and emotionally.

Why sellers can benefit from “subject to sale” offers. For sellers, the equation is very different. Accepting an offer that’s “subject to sale” can actually work in your favor, especially if your home has been on the market for a while.

When buyers see that someone has already written an offer, it signals that your property is desirable. It creates what I like to call proof of concept, a kind of social proof that builds curiosity and confidence among other potential buyers. People tend to trust demand. When they see others interested, they often feel more motivated to act.

Accepting this type of offer also gives you flexibility. You can continue marketing the property, and if a stronger offer appears, you can activate that same 48-hour clause. In most cases, the first buyer isn’t able to perform, so they back out, leaving you free to move forward with the new buyer without delay. Rather than harming your position, a “subject to sale” offer can help build momentum, keep interest alive, and make your home look more appealing to the market.

If you’re a buyer, avoid writing a “subject to sale” offer unless you have a solid backup plan that allows you to move forward without relying on your current home’s sale. It weakens your position, limits your flexibility, and often leads to frustration.

If you’re a seller, don’t reject these offers too quickly. If your listing hasn’t received much attention, accepting a “subject to sale” offer can help generate activity, demonstrate demand, and attract more serious buyers who may be waiting for a sign that your property is worth pursuing.

Buying and selling a home at the same time can feel complex, but understanding how “subject to sale” works can make the process easier and more strategic. If you’d like to discuss your situation or explore your options before making a move, call or text me at 250-878-6416 or email me at nick@vantagewestrealty.com. I’d be happy to help you plan your next step with confidence.