Are you ready to buy in Leawood but need funds from your current home to make it happen? You are not alone. Many buyers want to move up without taking on two mortgages or unnecessary risk. In this guide, you will learn how a home sale contingency works in Kansas, what to expect in Leawood, and how to make your offer as strong as possible, even when it is contingent. Let’s dive in.
What a home sale contingency is
A home sale contingency makes your purchase dependent on selling your current home within a set timeframe. It protects you from owning two homes at once and lets you use your sale proceeds for the down payment and closing costs. The exact terms appear in your purchase contract.
Common versions you may see:
- Sale and settlement contingency: You must sell and close on your home before you can close on the new one.
- Sale contingency with a contract deadline: You must get an executed contract on your home within a set number of days.
- Kick-out clause: The seller can keep marketing the property and, if they receive another acceptable offer, give you notice and a short window to remove your contingency or allow the seller to move on.
Leawood market realities
Leawood sits within Johnson County in the Kansas City metro, with steady demand and proximity to job centers in Overland Park and downtown. Portions of Leawood are served by Blue Valley USD 229 and Shawnee Mission USD 512. Areas with strong amenities and high demand can be competitive, which can make contingent offers harder to win.
Sellers are more open to contingencies when:
- Inventory is higher or the market is balanced.
- The home has been on the market longer.
- The price tier is mid-market rather than top-tier luxury.
- Seasonality favors buyers, such as late fall or winter.
Market conditions change quickly. Ask your agent for current KCRAR/MLS data on median price, inventory, and days on market in Leawood before you write.
How it works in Kansas contracts
Kansas purchase agreements commonly use REALTOR association or MLS forms. Your contingency language should clearly state:
- The condition: contract on your home vs. sale and closing.
- Deadlines: days to get a contract and days to close your sale.
- Remedies: what happens if deadlines are not met, including whether the contract terminates or whether the seller has remedies.
- Seller rights: whether the seller can continue to show the home, accept backup offers, and issue a kick-out notice.
- Proof of marketing: sellers may ask for evidence that your home is actively listed and being marketed.
Earnest money is part of the conversation. Sellers often ask for higher earnest money or a partial non-refundable amount when accepting contingencies. Your agent should explain when earnest money is refundable based on the contingency terms.
Inspections and appraisal generally follow the normal timeline unless you agree otherwise. If your closing depends on proceeds from your sale, both transactions must be coordinated to line up funds and dates.
This article is informational. For contract language and remedies, consult your real estate agent and, if needed, a Kansas real estate attorney.
Financing and lender considerations
Lenders focus on your ability to repay and your verified funds to close. A contingency signals that your down payment or debt ratios may depend on selling your current home. Some lenders are comfortable with this if you have verified assets or a backup plan; others may want more certainty.
Ways to strengthen your position with a lender:
- Secure a firm pre-approval before you write.
- Discuss bridge financing options that could allow you to close even if your sale is delayed.
- Consider a HELOC or home equity loan on your current home to cover part of the down payment if you qualify.
- Ask your lender how FHA or VA rules would treat your funds if applicable.
Make your contingent offer stronger
You can still compete with a contingency if you tighten details and show momentum on your sale.
Strategies that help:
- Shorten your contingency window. Aim for 14 to 30 days to secure a contract on your home if market conditions support it.
- Provide proof your home is market-ready: active MLS listing, professional photos, scheduled showings, and pricing aligned with recent sales.
- Increase earnest money or structure a small non-refundable portion tied to milestones you control.
- Agree to a defined kick-out clause with a short seller notice window and be prepared to respond quickly.
- Be transparent about your listing strategy and price.
- Avoid stacking too many contingencies that weaken your offer.
Example only: A Leawood buyer listed their current home with professional marketing, offered a 21-day sale contingency, and accepted a 48-hour kick-out clause. The seller accepted due to strong proof of marketing and clear timelines. Results vary by property and market.
Alternatives to a traditional contingency
If you want to write a non-contingent offer, consider options that cover your down payment and timing risk.
- Bridge loan: Short-term financing to buy before you sell. It makes your offer stronger but comes with costs and qualification requirements.
- HELOC or home equity loan: Tap existing equity for the down payment, subject to lender approval.
- Delayed closing or creative timing: Rare and depends on seller flexibility and contract terms.
- Backup sale clause on your home: Accepting backup offers can shorten your sale timeline.
- Back-to-back closings: Coordinate both closings on the same day through your title company. This requires precise timing.
Each alternative trades convenience and certainty against cost and risk. Your agent and lender can help you weigh the options.
Typical timelines to expect
Every situation is different, but here are common ranges in Johnson County:
- Time to secure a contract on your home: 7 to 30 days.
- Time from your executed sale to closing: 30 to 45 days.
- Kick-out response time: 24 to 72 hours.
- Inspection period: often 7 to 10 days after contract acceptance.
Spell out all dates in the contract and build in a little cushion for title, appraisal, and lender processes.
Buyer checklist
- Get a strong pre-approval and discuss bridge or HELOC options in advance.
- Launch a professional listing for your current home with competitive pricing and marketing.
- Decide on realistic contingency deadlines before you write.
- Consider higher earnest money or limited non-refundable terms you can meet.
- Work with an agent who coordinates back-to-back closings with local title companies.
Seller checklist
- Ask buyers for proof of listing and a detailed marketing plan for their home.
- Set shorter contingency windows with firm deadlines.
- Negotiate higher earnest money or milestone-based deposits where appropriate.
- Reserve the right to keep marketing and accept backup offers with clear notice procedures.
- Define remedies if deadlines are missed.
Local resources to watch
- Kansas City Regional Association of REALTORS and local MLS for current inventory, median prices, and days on market in Leawood.
- Johnson County Appraiser’s Office and Register of Deeds for property and tax records.
- City of Leawood for ordinances, permits, and floodplain information that can affect timing.
- Kansas Association of REALTORS for contract forms and contingency guidance.
- National Association of REALTORS for consumer articles on offers and contingencies.
- Local mortgage lenders and Kansas real estate attorneys for financing rules and contract enforceability.
Ready to move in Leawood?
If you want to buy in Leawood while selling your current home, you do not have to choose between speed and safety. With clear timelines, strong marketing, and the right financing plan, you can write a competitive offer and protect your move. For personal guidance, strategy, and coordinated execution, start a conversation with Trent Gallagher-ReeceNichols.
FAQs
What is a home sale contingency in Kansas?
- It is a contract condition that makes your purchase dependent on selling, and often closing on, your current home within set deadlines.
Will Leawood sellers accept a contingent offer?
- It depends on competition, price tier, and days on market. In competitive segments, sellers are less likely to accept contingencies; in balanced conditions, they are more flexible.
How does a kick-out clause work for buyers?
- The seller can keep marketing the home and, if they receive another acceptable offer, give you notice and a short window to remove your contingency or allow the seller to cancel.
Is my earnest money refundable if my home does not sell?
- Often yes, if your contingency is properly written and you meet notice and deadline requirements. The exact outcome depends on your contract.
What financing can help me avoid a contingency?
- Bridge loans, HELOCs, or documented assets can help you write a non-contingent offer, subject to lender approval and costs.
How long should my contingency window be?
- Many buyers target 14 to 30 days to secure a contract on their home, with 30 to 45 days from contract to closing. Your timeline should match your market and listing plan.
