Should You Accept a Contingent Offer? A San Antonio Seller's Guide
What San Antonio sellers should consider before accepting an offer that depends on the buyer selling another home
A contingent offer, where the buyer needs to sell their current home before closing on yours, can look risky at first glance. Sometimes it is. But in a market where homes are taking longer to sell, a contingent offer can also be the best offer available, as long as the seller understands exactly what they are agreeing to and negotiates the right protections.
This guide explains how to evaluate a contingent offer and protect your position. It was prepared by Tami Price, Broker Owner of Tami Price Properties, who holds the Seller Representative Specialist (SRS) and Master Certified Negotiation Expert (MCNE) designations and has two decades of experience and about 1,000 closed transactions.
Key takeaways
- A contingent offer is not necessarily a bad offer, but the risk depends on the buyer's current home.
- An offer from a buyer whose home is already under contract is very different from one whose home is not yet listed.
- Clear deadlines and, when appropriate, a right of first refusal protect the seller.
- In Texas, the contingency is documented with a state-promulgated addendum for the sale of the buyer's other property.
- The goal is to keep flexibility and avoid tying up the home unnecessarily.
Understand exactly what you are agreeing to
"I always tell sellers that a contingent offer isn't necessarily a bad offer, but we need to understand exactly what we're agreeing to," Tami says.
How do you evaluate a contingent offer?
"My first step is evaluating the buyer's existing home, including its asking price, current market competition, days on market, and whether it's already under contract," Tami says.
| Buyer's current home | What it means for the seller |
|---|---|
| Already under contract and scheduled to close | Lower risk. The main question is whether that sale closes on time. |
| Listed and competitively priced | Moderate risk. Review its days on market, competition, and pricing. |
| Listed but overpriced or sitting | Higher risk. The contingency may drag on without a sale. |
| Not yet listed | Highest risk. The home still has to be prepared, listed, and sold. |
"There's a significant difference between accepting an offer from someone whose home hasn't been listed and accepting one from a buyer who's already scheduled to close," Tami says. She also weighs how long the seller's home has been on the market, current buyer activity, and whether accepting the contingency makes financial sense.
How can sellers protect themselves?
"If we decide to move forward, I focus on negotiating protections for my seller, including clearly defined deadlines and, when appropriate, a right of first refusal that allows us to continue marketing the property and respond to another acceptable offer," Tami says.
Clear deadlines
A firm date by which the buyer's home must sell or close, after which the contract can end.
Right of first refusal
Known in Texas as a right of first refusal, and often called a kick-out clause in other states. The seller keeps marketing the home, and if another acceptable offer comes in, the first buyer must remove the contingency within a set time or step aside.
Correct documentation
"The exact terms need to be documented correctly in the contract," Tami says. In Texas, this is typically done with the state-promulgated addendum for the sale of other property by the buyer.
Evidence of progress
Ask about the buyer's listing, any contract on their home, and their lender's approval.
"My priority is making sure sellers understand the risks, retain as much flexibility as possible, and don't unnecessarily tie up their property while waiting for another home to sell," Tami says.
Received a contingent offer?
Tami can evaluate the buyer's situation and the terms that would protect you.
Request a free CMAWhen might a contingent offer make sense?
A contingent offer can be worth serious consideration when the buyer's home is already under contract, when the offer is otherwise strong on price and terms, or when your home has been on the market for a while with limited activity. In the San Antonio area, homes averaged 82 days on market in August 2026, according to SABOR and LERA MLS, so a well-structured contingent offer may be better than waiting. Read whether now is a good time to sell.
What should buyers know about making a contingent offer?
Buyers who need to sell first can strengthen a contingent offer by listing their home before making an offer, pricing it realistically, and sharing proof of progress, such as a contract on their current home. Read how to buy a house in San Antonio.
Frequently asked questions
What is a contingent offer?
A contingent offer is one that depends on something happening first. For sellers, the most common is a buyer who needs to sell their current home before closing.
Should I accept a contingent offer on my house?
It depends on the buyer's situation, especially whether their home is listed or already under contract, and on the terms. With clear deadlines and, when appropriate, a right of first refusal, it can make sense.
What is a right of first refusal in a Texas home sale?
In a contingent sale, it lets the seller keep marketing the home. If another acceptable offer comes in, the first buyer must remove the contingency within a set time or the seller can move on. Outside Texas, this is often called a kick-out clause.
How is a sale contingency documented in Texas?
It is typically documented with a state-promulgated addendum for the sale of other property by the buyer, attached to the purchase contract.
Is a contingent offer riskier than a non-contingent one?
Usually, because closing depends on another sale. The risk is lower when the buyer's home is already under contract and scheduled to close.
This article is general information, not legal advice. Contract terms should be documented correctly on the appropriate forms. Read about the cost of selling a home.
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Tami Price, Broker Owner, Tami Price Properties | U.S. Air Force veteran | MRP | Texas license 572393 | Brokerage license 9017198 | (210) 620-6681 | [email protected]
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