Kick Out Clause in Florida Real Estate Contracts: How It Works for Sellers and Buyers

A kick out clause in Florida gives a seller a way to accept an offer that depends on the buyer selling another home, without taking the house off the market. The seller can keep showing the home and accept a back-up offer. If one arrives, the first buyer must commit or step aside. This guide explains how the clause works in the standard Florida contract forms, how it pairs with a home-sale contingency, what buyers should know, and when a seller should say yes to a contingent offer.

Key takeaways

• A kick-out clause is usually paired with a contingency that lets the buyer cancel if their own home does not sell.
• In the Florida Realtors/Florida Bar forms, the home-sale contingency is Rider V and the kick-out clause is Rider X of the Comprehensive Rider.
• Under the Rider X version we reviewed, the buyer has 3 days after receiving a back-up contract to add a deposit and waive the financing and home-sale contingencies.
• If the buyer does not act in time, the first contract ends and the buyer gets the deposit back.
• People often call it a 72-hour clause, but the form counts days, so read the exact wording in the version you sign.

What a kick out clause in Florida does

Most buyers who need to sell first ask for a home-sale contingency. That means they can cancel and get their deposit back if their current home does not sell and close by a set date. For a seller, that is a real risk. The house could sit under contract for weeks while other buyers move on.

A kick-out clause balances that risk. The seller accepts the contingent offer but keeps the right to market the home. If a stronger buyer shows up, the seller signs a back-up contract and notifies the first buyer. Then the first buyer must remove the contingencies and put more money down, or the deal ends.

In short, the clause turns a long wait into a short one. The first buyer gets a fair shot, and the seller is not stuck.

How standard forms handle a kick out clause in Florida

Most residential sales in Palm Beach County use forms approved by Florida Realtors and The Florida Bar. Along with the main contract, there is a Comprehensive Rider with optional clauses that each party initials. Two of them matter here.

Rider V: sale of buyer's property

Rider V makes the contract depend on the sale and closing of the buyer's other property. In the 2021 version we reviewed, the buyer must share a copy of the contract on their home, with the other party's name and price blacked out. If their sale does not close by the date written in the rider, the buyer has 3 days to send written notice canceling the deal and get the deposit back. If the buyer misses that window, the contingency has no further effect.

A Florida Realtors article on optional riders also notes that buyers with a financing contingency must use this rider if they need to sell another property to buy, and need that covered in their loan approval.

Rider X: the standard kick out clause in Florida

Rider X lets the seller keep showing the property and sign bona fide back-up contracts that depend on the first contract ending. In the version we reviewed (CR-3, Rev. 9/14), it works like this:

1. The seller signs a back-up contract with another buyer.
2. The seller gives the first buyer a copy, with the new buyer's name and price blacked out.
3. The first buyer has 3 days from receipt to make an additional deposit, in an amount set in the rider, with the escrow agent.
4. By making that deposit on time, the buyer waives the contingencies for financing and for the sale of their own property, and the parties close on the closing date.
5. If the buyer does not make the deposit on time, the first contract ends, the buyer gets the deposit back, and both sides are released.

Some summaries describe the waiver more broadly. For example, a Florida law firm article lists the inspection period among the waived items. Forms get revised, so read the version attached to your contract.

Rider W: back-up contracts

The back-up buyer signs a contract that only takes effect if the first one ends. The Comprehensive Rider includes a back-up contract clause for that buyer's side. Together, the riders give the seller a clear order: the first buyer stays first until they fail to perform.

Why it is called a 72-hour clause

Many people call this a 72-hour clause or a 72-hour kick-out. Florida's standard rider, however, gives the buyer 3 days. The difference matters when a deadline falls near a weekend or holiday, because the contract has its own rules for counting time.

So do not assume 72 hours on the clock. Instead, check how the main contract defines days and when a period ends. If you are unsure, ask a Florida real estate attorney.

When a seller should accept a contingent offer with a kick out clause in Florida

A contingent offer is not a weak offer by default. In some cases, it is the best offer on the table. Here is how to judge it.

Check the buyer's home first

The contingency is only as strong as the buyer's own sale. Ask these questions before you accept:

• Is the buyer's home already under contract, or not yet listed?
• Is it priced in line with recent sales in its area?
• What type of home is it, and how fast do those sell?
• Does the buyer have a loan pre-approval that assumes the sale?

Local data helps here. In August 2026, Palm Beach County single-family homes went under contract in a median of 40 days. Condos took 69 days, according to the Miami Realtors report. A buyer selling a fairly priced single-family home is a safer bet than one selling a condo in a slow building.

Look at your own market

If your home sits in a busy segment, you may not need to accept a contingency at all. If the market for your type of home is slower, a contingent buyer who is ready to go may be your best chance. In that case, a kick-out clause lets you take the offer and keep looking.

Set the terms with care

The details decide how well the clause protects you. Agree on a firm deadline for the buyer's sale to close. Also set an additional deposit large enough to show real commitment. Finally, keep your listing active and showings open, so back-up buyers know the home is still available.

Under the rider we reviewed, the additional deposit is credited to the buyer at closing. So a larger amount costs a serious buyer nothing extra, while it quickly shows whether a buyer can really close without selling first. Your agent can suggest an amount that fits your price and your market.

Our guide to what contingent means in real estate explains how listing statuses show these offers to other agents and buyers.

What buyers should know before signing a kick out clause in Florida

If you are the buyer, a kick-out clause means your contract can end on short notice. Plan for that before you sign.

First, know where your cash would come from. If a back-up offer arrives, you will need to add a deposit within days and close without the protection of your contingencies. That may mean using savings, a bridge loan or a line of credit. Next, price and prepare your current home well, because a quick sale is your best defense.

Also keep in touch with your agent about any showings or back-up offers. Fast, clear communication gives you the most time to decide. Finally, if you cannot remove the contingencies, you get your deposit back under the rider. That is a fair outcome, even if it is disappointing.

Kick out clause in Florida vs. other ways to handle a contingent buyer

A kick-out clause is one option. Sellers and buyers also use these approaches:

• A short home-sale contingency period with no kick-out, when the buyer's home is already under contract.
• A larger initial deposit to show commitment.
• A sale-and-settlement contingency that only covers the buyer's pending closing.
• A lease-back or extended closing date, so the buyer can sell first and still secure your home.

Each one shifts risk between the two sides. Talk through the trade-offs with your agent before you counter.

Frequently asked questions

Is a kick out clause in Florida the same as a home-sale contingency?

No. The home-sale contingency protects the buyer. The kick-out clause protects the seller by letting them keep marketing the home. In Florida's standard forms, they are separate riders, often used together.

How long does a buyer have to respond to a kick out clause in Florida?

Under the Rider X version we reviewed, the buyer has 3 days from receiving a copy of the back-up contract. Check the version in your contract, since forms change.

Does the buyer lose the deposit if they do not respond?

Under that rider, no. If the buyer does not make the additional deposit in time, the first contract ends and the buyer's deposit is refunded.

Can I keep showing my house with a kick-out clause?

Yes. That is the main purpose of the clause. The seller may continue to show the property and accept bona fide back-up contracts.

Should buyers avoid kick-out clauses?

Not always. A kick-out clause may be the only way a seller will accept your contingent offer. Just make sure you can remove your contingencies on short notice, or accept that the deal may end.

Sources

• Florida Realtors/Florida Bar Comprehensive Rider, X. Kick Out Clause (CR-3, Rev. 9/14)
• Florida Realtors/Florida Bar Comprehensive Rider, V. Sale of Buyer's Property (CR-6, Rev. 10/21)
• Florida Realtors, optional clauses, riders and addenda
• Berlin Patten Ebling, back-up contract and kick-out clause riders
• Miami Realtors, Palm Beach County August 2026 market report

This article is general information, not legal, tax or financial advice. Contract forms and their terms change, so consult a Florida real estate attorney about your own transaction.

Got a contingent offer on your home? Book a no-obligation listing consultation, and a Pure Equity agent will help you weigh the offer, set the kick-out terms and keep your home in front of back-up buyers. Start with a free home valuation. Buying and need to sell first? Talk with our team about structuring a strong contingent offer.