Should You Accept a Contingent Offer in NH? (2026)

Quick answer: You should accept a contingent offer in NH only when the buyer is well qualified, the contingency has a short, firm deadline, and the contract lets you keep marketing the home with a kick-out clause. A home-sale contingency is the riskiest kind, because your sale depends on the buyer selling their own house first.

Most offers come with a few contingencies, such as inspection or financing. A home-sale contingency is different: it ties your closing to a second transaction you do not control. This guide explains how it works, what it can cost you, and how to decide whether to accept a contingent offer in NH, counter it, or pass. It is general information, not legal advice, so talk to your attorney before you sign.

What Is a Contingent Offer in New Hampshire?

A contingent offer is a purchase offer that only becomes binding if a stated condition is met. Inspection, financing and appraisal contingencies are common, and we cover them in our guide to waiving contingencies in New Hampshire. The one sellers worry about most is the home-sale contingency, where the buyer's offer depends on selling or closing on their current home. If their home does not sell by the deadline in the contract, the deal can be canceled and the buyer typically gets their earnest money back, per Orchard's explanation of home sale contingencies.

There are two flavors, and the difference matters to you. In a sale-and-settlement contingency the buyer has not yet accepted an offer on their home, which is the riskier version. In a settlement contingency the buyer already has a signed contract and is just waiting to close, which is much safer. If you are unsure how a contingent listing differs from a pending one, see contingent vs pending in New Hampshire.

Should You Accept a Contingent Offer in NH, or Wait for a Better One?

The honest answer depends on the market around your home. In the NHAR data for August 2026, Manchester had about 0.8 months of supply and Nashua about 1.0, which means a well-priced home in those cities often draws clean offers fast. Bedford had about 2.3 months of supply, and statewide inventory was up 19.3% from a year earlier in NHAR's September 2026 report. More choices for buyers means fewer buyers who can write a no-strings offer, so a contingent offer is more likely to be the best one on your table.

Before you accept, we run through five questions:

• How strong is the buyer? Ask for a pre-approval letter and proof of funds for the down payment, not just a pre-qualification.
• Is their home priced to sell? We review their listing. An overpriced home that has sat for weeks is a red flag.
• What is the deadline? A contingency with no end date is an open-ended option for the buyer. Insist on a specific date and time.
• Are other offers likely? If you have a showing weekend ahead, you may want to wait. Our guide to handling multiple offers on your NH home explains how to set a deadline.
• Can you afford to wait? If you are buying your next home, a delay can cascade. See selling before buying in NH.

What Is a Kick-Out Clause and Should You Ask for One?

A kick-out clause lets you keep marketing the home while it is under contract with a contingent buyer. If a better offer arrives, you give the first buyer written notice, and they must remove their contingency and move forward within a set window or the contract ends. HomeLight reports these windows are typically 24, 48 or 72 hours, and it recommends naming an exact deadline, such as 5 p.m. on the third business day after notice, so weekends and holidays do not cause confusion, per HomeLight's guide to kick-out clauses.

Why a kick-out clause protects you

Without one, you may be stuck waiting on a buyer whose house never sells. With one, you keep control of your timeline and can accept a backup offer. The clause only works if it is in writing and signed by both parties, so your agent and attorney should draft it into the agreement, not leave it to a phone call.

The downsides to expect

A home that shows as under contract with a kick-out can discourage other buyers, who worry the first buyer will simply match them. Backup buyers can also walk away, and invoking the clause can take several days. The clause helps most when buyer interest is strong and least when the market is slow.

How Do You Protect Yourself If You Accept?

Ask for a larger deposit

A bigger earnest money deposit shows commitment. Read our guide to New Hampshire earnest money rules for how deposits and refunds work.

Keep the home on the market

Ask your agent whether the contract lets you continue showings and take backup offers. Staying visible is the cheapest insurance you have.

Price it right from day one

The stronger your pricing, the more likely you are to attract an offer with no home-sale strings. Our post on how to price your New Hampshire home walks through the method we use.

Related Reading

• Escalation clauses in New Hampshire offers
• What happens after you accept an offer in New Hampshire
• Low appraisal: seller options in New Hampshire

Frequently Asked Questions

What does contingent mean when selling a house in NH?

Contingent means the sale depends on a condition being met, such as the buyer selling their current home, getting a mortgage or passing an inspection. If the condition is not met by the deadline, the contract can be canceled under its terms.

Can I accept another offer if I accepted a contingent offer?

Only if your contract allows it. A kick-out clause lets you keep marketing the home and accept a better offer, after giving the first buyer written notice and a set window to remove their contingency. Without that clause, you may be locked in.

How long should a home-sale contingency last?

As short as you can negotiate, with a specific calendar deadline. Many sellers prefer a few weeks, not months. A settlement contingency, where the buyer already has a signed contract on their home, can reasonably run closer to your closing date.

Is a contingent offer ever better than a cash offer?

Rarely on terms, but sometimes on price. A well-qualified contingent buyer may offer more than a cash buyer. Compare your net proceeds and your risk, not just the headline number, as we explain in do cash offers beat financed offers in NH.

What happens to the earnest money if the buyer's home does not sell?

If the contingency fails by its deadline and the buyer cancels under the contract, they typically recover their deposit. The exact outcome depends on the written agreement, so have your attorney review it.

Talk to a Local Agent Before You Respond

If you have a contingent offer in hand, or expect one, request a free home valuation and pricing consult and we will compare it against your other options. You can also read our sellers playbook for the full timeline from listing to closing. The Phinney Team at Keller Williams in Bedford helps sellers across Southern New Hampshire weigh offers like this every week.