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By Adam Smith

Adam Smith brings a proven track record of negotiation, leadership, and client-focused execution to real estate in Kelowna. With a deep understanding of high-stakes decision-making, he helps clients navigate complex transactions with clarity, confidence, and strategic insight.

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Should you really write a subject to sale offer? It might sound like a smart safety net when you’re buying or selling a home. But what if it actually works against you? Many buyers believe it gives them more time and flexibility, but it often has the opposite effect.

Let me explain how this common clause works, what it really means, and why it often backfires unless you have a strong backup plan.

What is a subject to sale offer? A subject to sale offer means your offer to buy a new home depends on selling your current home first. If your home doesn’t sell, the deal can fall through. On paper, it sounds like a smart way to protect yourself. But in reality, it often causes more problems than it solves.

When you write an offer like this, you only get a 48-hour window to withdraw if the seller receives another offer that removes all your conditions and moves forward.

But here’s the problem: you probably can’t sell your home and get your loan approved in 48 hours. That short window doesn’t really give you enough time to do anything useful, but just adds pressure.

“Subject to sale clauses can be powerful tools, but only in the right hands.”

Impact on buyers. On the surface, subject to sale sounds like a safety net for buyers. It gives them a way to write an offer without fully committing until their current home sells. But in practice, it often backfires. Here’s why:

  • The 48-hour window offers little real protection. If your ability to purchase truly depends on selling your home, it’s unlikely you’ll be able to secure a buyer and finalize financing in just two days. In essence, the clause provides a false sense of security.
  • Offers with subject to sale are seen as weak. Sellers nearly always choose a clean offer over a conditional one unless there’s a significant price difference. That means buyers might have to offer tens of thousands more just to compete.
  • Having a subject to sale condition may pressure buyers to accept lower offers on their own home. With the clock ticking and the fear of losing their next property, they’re more likely to entertain deals they might otherwise decline.

Unless a buyer has a solid plan B, such as bridge financing, family support, or other financial flexibility, this clause may do more harm than good.

Impact on sellers. Interestingly, subject to sale offers can be beneficial to sellers in the right circumstances. If a listing has been sitting idle, even a conditional offer can create momentum. It signals that someone is interested, attracting more buyers and even leading to competitive offers.

Even better, the seller retains control. Most buyers who receive a 48-hour notice don’t follow through with the deal; they simply release the seller to accept a new offer. So there’s usually no major delay. For sellers without competing offers, this type of offer can be a valuable way to generate movement without giving up flexibility.

Subject to sale clauses can be powerful tools, but only in the right hands. For buyers without a backup plan, it creates more risk than reward. For sellers with slow-moving listings, it can boost interest and bring new momentum to the deal. The key is understanding when and how to use it strategically.

If you’re considering a subject to sale offer or just want to explore the right strategy for your situation, give me a call at 604-813-0142 or email me at adam@vantagewestrealty.com. I’ll walk you through your options so you can move forward with confidence.

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