In the unpredictable world of real estate, timing is everything. Buyers often find themselves in a dilemma when contemplating a purchase in a buyer’s market. The fear of owning two properties at once, should they fail to sell their current one quickly, can be paralyzing. However, there’s a hidden gem in real estate transactions: the Sale of Purchaser Property (SPP) clause. As a savvy buyer, understanding and effectively utilizing this clause can help you capitalize on market opportunities without the burden of dual ownership.


The Power of the Sale of Purchaser Property Clause:

The Sale of Purchaser Property clause is a strategic provision that can be included in the purchase and sale agreement when making an offer on a new home. This clause makes the purchase contingent on the successful sale of the buyer’s current property. In simple terms, it allows buyers to say, “I’ll buy your property, but only if I can sell my current one first.”


  • Conditional Purchase: The sale of the new property is conditional until the buyer’s current property is sold within a specified period.
  • Waiving the Condition: If the buyer successfully sells their property during the conditional period, the condition is waived, and the new home is legally considered sold with a binding contract.
  • Deal Cancellation: If the buyer can’t sell their property during the specified time, the deal on the new property is void, and the buyer gets their deposit back.


Escape Clause vs. Sale of Purchaser Property Clause:

You may be more familiar with the term “escape clause,” which allows sellers to continue marketing their property and accept new offers even after accepting an initial offer. However, the Sale of Purchaser Property clause is different:

  • Escape Clause: Primarily benefits the seller by allowing them to entertain better offers from other buyers within a specified time frame.
  • Sale of Purchaser Property Clause: Benefits the buyer, making their purchase contingent on the successful sale of their own property.


Tips for Sellers:

If you’re a seller, consider these tips to make the most of the Sale of Purchaser Property clause:

  • Discuss the Escape Clause: Talk to your real estate agent about using the escape clause to stay informed about market changes.
  • Short Conditional Period: Opt for a short conditional period to allow the buyer enough time to sell their home.


Tips for Buyers:

As a buyer, here’s how you can make the most of this clause:

  • Selling Your Home First: If the thought of owning two properties worries you, consider selling your current home before buying a new one, especially in a seller’s market.
  • Take Your Time: In a seller’s market, take your time to find the right buyer for your property and include a longer closing period for your convenience.


Seizing Market Opportunities:

With a surplus of properties on the market, many sellers are eagerly waiting for offers. Some properties move quickly, while others linger. The Sale of Purchaser Property clause gives buyers the security they need to act confidently. Don’t hesitate to make an offer on a property if you’re interested; this clause ensures that your purchase is contingent on selling your current home.


In conclusion, understanding and effectively using the Sale of Purchaser Property clause can be a game-changer in today’s real estate market. It provides buyers with a safety net, allowing them to seize opportunities without the fear of owning two properties. So, if you’re contemplating a real estate transaction, consider this powerful tool, and give yourself the peace of mind you deserve.


For personalized assistance and more insights into the real estate market, reach out to a real estate agent in your area today.