A bumpable offer — also called a kick-out clause or time clause addendum — lets you accept a buyer’s contingent offer and keep marketing your home. If a stronger, noncontingent bid arrives, you can “bump” the first buyer unless they remove their contingency — usually within 24-72 hours. Used thoughtfully, this clause gives sellers leverage without scaring away qualified buyers.
Utah’s standard real estate purchase contract asks whether the buyer’s purchase is “conditioned upon the sale of real estate owned by buyer.” If that box is checked, the built-in Option to Keep Property on Market - Time Clause Addendum supplies the legal scaffolding for a bumpable deal.
Here is a practical game plan for Utah home sellers who want to wield bumpable offers ethically and effectively.
1. Master the Basics of a Bump Clause
A kick-out clause keeps your listing active while you’re under contract with a contingent buyer. Should a second, better-qualified buyer appear, you notify Buyer A and give them a short window to waive their contingency or step aside. This built-in flexibility is why many professionals dub the clause a seller’s secret weapon.
2. Secure Earnest Money Upfront
Because you’re granting flexibility, insist on a meaningful earnest money deposit. Sellers gain security and leverage by having money in hand while they continue to market the property. A larger deposit discourages frivolous contingent offers and compensates you for the risk of time off the market if you ultimately exercise the bump.
3. Use Utah’s Time-Clause Addendum Strategically
Many local agents default to a 72-hour response period — shorten that window to 24-28 hours to keep momentum in a tight market. The Option to Keep Property on Market - Time Clause Addendum clarifies the timeline for every party. Have your agent attach it to the REPC at the initial offer stage — waiting until a backup offer materializes can cause confusion.
4. Keep Marketing — Especially Online
A bumpable listing only pays off if buyers still see it. Traditional yard signs help, but digital exposure multiplies reach. Ad retargeting is a budget-friendly way to stay in front of online house hunters. It draws back visitors who viewed your listing but never took the next step. Those same people will keep seeing your ads as they surf the internet, giving you a fresh chance to turn their curiosity into the stronger, bump-triggering offer you need.
5. Set Clear, Written Rules for Notifications
Spell out how notice must be delivered — text, email or brokerage software — and require confirmation of receipt. The bump clause only works with unambiguous timelines and delivery methods. A paper trail avoids accusations of unfair surprises and keeps you on solid ethical ground.
6. Pair the Clause With a Backup-Offer Strategy
Don’t wait passively — encourage agents to gather other offers, even if the first contract is strong. The mere existence of backup interest often nudges Buyer A to drop their contingency faster — saving you time and preserving the momentum toward closing.
7. Use Ownership Savings to Nudge Contingent Buyers
Remind your contingent buyer that the sooner they drop their home-sale contingency, the sooner they lock in the long-term financial perks of ownership. This includes deductible mortgage interest, tax breaks, potential mortgage-credit certificates and capital gains exclusion when they sell down the road. Pointing out those benefits can soften the sting of waiving a contingency and motivate them to commit before another bidder appears. Sprinkle this message into email updates or your agent’s talking points so the buyer feels a tangible cost to hesitation.
8. Leverage Today’s High-Price, High-Rate Environment
Utah’s median single-family price hovers around $564,000 statewide and $610,000 in Salt Lake County, while many first-time buyers still face rates above 6%. Those figures mean motivated buyers will stretch to meet your terms. A bump clause lets you capitalize on that urgency without losing the safety of the first offer.
9. Stay Ethical and Transparent
Inform every prospect that a time clause is in play. Provide the exact clock deadlines in writing and honor them to the minute. Misusing the clause — for example, inventing phantom offers — can expose you to legal trouble and reputation damage. Kick-out clauses give buyers a fair chance even while protecting sellers.
Make Your Move
A bumpable offer isn’t just legal fine print — it’s a powerful lever in Utah’s fast-moving market. Combine clear paperwork, relentless marketing and ethical follow-through, and you’ll hold the upper hand — whether the first buyer sticks around or a better one bumps them out. Are you ready to list? Arm yourself with the right clause and watch your options multiply.
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