Peter Mohylsky, Beach Expert, Call me at 850-517-7098 (PMI. Destin)

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Rainmaker
4,553,397
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

All real estate is local and more than likely hyper-local.   You can throw broker idiosyncrasies into that salad bar of options too. Intimate knowledge of your market is crucial. 

Sep 23, 2019 08:15 AM
Rainmaker
5,096,266
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I've never in 26 years utilized a kick-out clause so not much help from me. As for listing a property as TOM when it's under contract, doesn't sound kosher to me.

Sep 23, 2019 08:28 AM
Ambassador
5,202,634
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

 Interesting, Peter. I couldn't make an educated comment since I am unfamiliar with FL real estate law.

Here in NC or SC if there is a kick-out clause, that typically refers to someone who has first position but, when another Offer comes in, that first-position buyer has 48-hours to remove any contingencies or the second buyer can move into the primary slot.

I've never seen one go temp off market though, while under Contract - even with contingencies. 

Sep 23, 2019 09:48 AM
Ambassador
2,047,035
Alan May
Jameson Sotheby's International Realty - Evanston, IL
An offer you can't refuse!

In our MLS that would need to be listed as CTG, with the appropriate terms behind it.  ie: CTG/HS24 (Contingent with a House Sale contingency with a 24-hour kick out)....

or CTG/HC72 (Contingent with a House CLOSE contingency with a 72-hour kick out)...

Showing it as temp, when it's actually under contract would be a violation of our MLS rules.

Sep 23, 2019 08:28 AM
Rainmaker
4,851,571
Richard Weeks
Dallas, TX
REALTOR®, Broker

In our mls it means the buyer has a contingency that their house must sell to purchase this property.  The status is AKO (active kick out).

Sep 23, 2019 10:50 AM
Rainmaker
1,498,278
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I've never had cause to use a kickout clause.  Very rarely will we even look at contingent offers in our market.

Sep 23, 2019 08:50 AM
Rainmaker
1,046,454
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

So it's a contingency contract and if another offer comes in that seller wants to negotiate, the in-contract buyer probably has X time to remove contingencies and proceed with the sale.
If your buyer is RWA, you can probably 'dislodge' the other buyer.

Contingency contracts are common in my area - peeps wanting to relocate and have their (CA usually) property to sell. 

Sep 23, 2019 08:49 AM
Rainmaker
7,789,084
Roy Kelley
Retired - Gaithersburg, MD

Thanks for sharing this experience.

Sep 23, 2019 08:10 AM
Ambassador
3,339,234
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I am with Mr. Ryan Huggins - Thousand Oaks, CA - it is a sign of our markets. 

Sep 23, 2019 03:24 PM
Rainmaker
1,189,122
Doug Dawes
Keller Williams Evolution - 447 Boston Street, Suite #5, Topsfield, MA - Topsfield, MA
Your Personal Realtor®

What Debe Maxwell, CRS said. 

Sep 23, 2019 11:20 AM
Ambassador
5,032,806
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Here it would likely be noted as a Contingent status with a first right of refusal. We are seeing more of these - in the past you would very rarely find a seller accepting an offer contingent on a sale

Sep 23, 2019 09:55 AM
Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

I have done a sale due to a kick-out clause...once.

First, I had to call the sellers agent and find out what the current "terms" are and what the contingency is. ( It was the sale of their buyers home)

Then my buyer matched the verified price, without any contingencies (other than financing and appraisal).  My buyer closed on the property, no big deal...

Eve

Sep 23, 2019 09:52 AM
Ambassador
6,353,702
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

We call those "Bump Clauses", few agents will advise their clients to accept them, but we do see them frequently with FSBOs.

Sep 23, 2019 09:27 AM
Rainmaker
2,775,621
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

The wheel & deal of Real Estate....that's what's going on

Sep 23, 2019 08:42 AM
Rainmaker
2,373,306
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

To late in the day for me to make sense of it Peter Mohylsky 

Sep 23, 2019 07:22 PM
Ambassador
2,415,741
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

In the Monroe NY area, that happened on occasion. If the seller gets a new offer that is the same/better without the sale contingency, they can give the first buyer xx amount of time to remove the contingency. If the contingency isn't removed, they can go with the second offer.

 

Sep 23, 2019 12:47 PM
Rainmaker
5,583,167
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

we have a category for a kick out clause....IT SHOULD NOT BE TEMP OFF MARKET....IT'S STILL ON THE MARKET

Sep 23, 2019 12:07 PM
Rainmaker
755,955
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

It's always complicated when the inhabitant needs a kick out clause. 

I've had listings with contested eviction litigation & let me tell you, in CT the non paying tenant can make out better than the landlord; I've seen cases linger on month after month & offers to purchase the property come & go while waiting for vacancy.

 

Sep 23, 2019 10:08 AM
Rainmaker
536,943
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

Never seen them taken off the market.   You have some great response here.

Sep 23, 2019 10:04 AM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Offer list price plus 10% and all pending offers will get kicked out if the buyer goes stupid and insist on the seller replacing of the interior hollow core doors.

Sep 23, 2019 09:30 AM
Rainmaker
5,772,353
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Peter,

I concur with Michael Jacobs 

Sep 23, 2019 08:27 AM
Rainmaker
1,294,601
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

That sounds like a "Pending, Contingent" in our mls which means that the purchase is contingent because the buyer needs to sell a house to perform. There is usually a "kick-out" clause of some sort in the agreement that allows the seller to continue to market the house seeking another offer since there is no guarantee the first buyer will get their house sold. If another offer comes in, the seller may invoke the "kick out" clause...dependent on what that clause says.

Yes...as has been mentioned...real estate is local.

Sep 27, 2019 01:02 PM
Rainmaker
1,088,237
Diana Zaccaro Broker Associate
Tropical Beachside - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

I only dealt with a kick out clause was and that was years ago. There is not enough info given to give a good response...if it is still under contract, here temp off market would be an MLS violation for sure. Are you sure that the offer with the kick out clause was not withdrawn? If so, the property may have been taken off the market temporarily for some reason. 

Sep 24, 2019 11:50 PM
Rainmaker
4,899,771
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Kick out clause, that is a new one on me.

 

Sep 24, 2019 10:27 AM
Rainmaker
908,608
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

They could be working on a potential sale, and seller doesn't want anymore showings or offers. Another possibiltiy is that they already have multiple offers and /or a solid back-up offer. We can only guess.

Sep 24, 2019 06:28 AM
Rainmaker
1,598,452
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

No, I don't know..

Sep 23, 2019 08:01 PM
Rainmaker
2,070,825
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

Never had it in our office.

Sep 23, 2019 05:55 PM
Rainmaker
626,508
Tom Bailey
Margaret Rudd & Associates Inc. - Oak Island, NC

I have never used anything like that! In fact I have seen any listings like that! In NC it would have to be an attorney drawn addendum 

Sep 23, 2019 09:25 AM
Rainmaker
5,849,521
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I do not have one.

Oct 08, 2019 07:48 AM
Rainmaker
3,415,644
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I always ask what the kick out is. Many times a buyer has a home to sell so if my buyer has no home to sell. I show it and present the clean offer kicking the other out per say

Sep 24, 2019 05:23 AM
Rainmaker
5,191,633
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

If you have a buyer who wants to make an offer and understands what is going on, make the offer and let the seller decide!

Sep 23, 2019 02:54 PM