Updated October 29, 2026
A contingent offer, in the sense most sellers mean it, is one where the buyer has to sell their current home before buying yours. In California it's written on C.A.R. form COP, Contingency for Sale of Buyer's Property. We generally advise Irvine sellers not to accept one, because the risk is high: your sale then depends on a second sale you don't control, and your home is tied up while the buyer's home is on the market. If you do consider one, the COP form lets you keep marketing your home for backup offers. Once you accept a backup offer, you can give the buyer written notice to drop the contingency within a short deadline, or let you cancel.
Why the risk is high
- Two sales instead of one. Your closing depends on the buyer finding a buyer, at a price that works, who then gets a loan and closes. Any problem in their sale becomes yours.
- Your home is tied up. While you're in escrow, the listing shows as under contract, so fewer buyers come to see it, even if you're still allowed to show it.
- Going back on the market costs you time. If the deal falls apart weeks later, you start over, and the listing now shows more days on market and a cancelled escrow.
- The deposit rarely helps. While the sale contingency is open, a buyer who can't sell can cancel and get the deposit back.
Plenty of Irvine buyers don't need to sell first: over the 12 months through September 2026, 37% of Irvine resales were bought with cash, and 35% went under contract within 14 days, according to Irene and Ricky Zhang's review of CRMLS closed resales.
Not all contingent offers are the same
Buyer's situation | Risk to you |
|---|---|
Buyer's home isn't listed yet | Highest. They still have to prepare, list, find a buyer and close |
Buyer's home is listed but not in escrow | High. Nobody knows how long it will take or at what price |
Buyer's home is in escrow, contingencies removed | Lower, but their buyer can still fail to close |
Buyer can close without selling (cash, bridge loan) | If they can show proof of funds or a loan approval that doesn't depend on selling, ask them to drop the contingency |
If you're considering one anyway
The COP form has protections, but only if they're used. Based on the form's standard terms (check the current version with your agent):
- Keep marketing. After acceptance, you can keep offering the home for backup offers.
- The notice to remove. Once you accept a written backup offer and give the buyer a copy, you can give the buyer written notice right away, unless you agreed to wait a set number of days. The buyer then has a short deadline set in the form, usually 2 or 3 days depending on the version you sign, to remove the sale contingency, remove the loan contingency, and show they have the money to close without selling. If they don't, you can cancel.
- A deadline. The buyer's home has to close by the date in the contract. If the buyer's home isn't already in escrow, the form gives them a set number of days, 17 unless you change it, to get it there.
- Ask for proof. The listing, the price, days on market, and if it's in escrow, the escrow details and contingency dates on the buyer's sale.
Talk to your agent before you counter. Often the better move is a counter that removes the sale contingency, or asks the buyer to get a bridge loan or sell first. See buying before you sell: bridge loans and HELOCs.
If the buyer's sale falls through
If the buyer's home doesn't sell or close by the deadline, you can cancel after giving a Notice to Buyer to Perform, which allows at least 2 days to act. The buyer gets the deposit back as long as the contingency was never removed. Then you're back on the market. See what happens if the buyer's loan falls through for how cancellation and relisting work.
FAQ
Should I accept a contingent offer on my Irvine home?
We generally advise against it. Your sale would depend on the buyer selling their home first, which you don't control, and your home would be tied up in the meantime. Many Irvine buyers can close without selling first.
Can I keep showing my home after accepting a contingent offer?
Yes. Under the C.A.R. COP form, you can keep marketing for backup offers. If you accept a backup offer, you can then give the buyer written notice to remove the contingency; they get a short deadline set in the form, usually 2 or 3 days, to remove it and show they can close without selling.
What's the difference between a sale contingency and a buyer whose home is already in escrow?
A buyer whose home isn't sold yet still has to find a buyer. A buyer already in escrow has a buyer and a closing date, which is less risky, but their buyer can still fail to close.
Do I get to keep the deposit if the buyer's home doesn't sell?
Usually not. If the buyer cancels while the sale contingency is still open, the deposit goes back to the buyer.
Weighing an offer? Compare the terms and the closing risk before you accept. Start with what your home is worth. Get your home value.
About Irene and Ricky Zhang: RealTrends Verified ranks Irene and Ricky Zhang the #1 small team in Irvine by both sales volume and transaction sides (2026 City Rankings, based on 2025 production). Sales figures are from Irene and Ricky Zhang's review of CRMLS closed resales, October 2025 through September 2026. This article is general information, not legal advice.
