In the high-demand markets of New Hanover, Pender, Onslow, and Brunswick counties, many buyers face the “chicken or the egg” problem: you found the perfect marsh-front home in Hampstead, but you cannot close until you sell your current residence in Wilmington. Historically, this prompted the use of a “Hubbard Clause”, a home sale contingency designed to let a buyer move forward while their existing home is still on the market.

While “Hubbard Clause” is more common in northern markets, North Carolina typically uses the Contingent Sale Addendum (Form 2A2-T). Same objective: give the buyer a safety net while giving the seller a kick-out right if a stronger, non-contingent offer appears.

How the Kick-Out Provision Works

A Hubbard-style clause is essentially an agreement to wait, but with a clock running. In competitive areas like Wrightsville Beach or Oak Island, sellers hesitate to tie up their home for a buyer whose own sale is uncertain.

To bridge that gap, the addendum typically includes a kick-out provision, often structured as a 48 to 72-hour window. If the seller receives a non-contingent offer, the original buyer must choose within the deadline to:

• Waive the contingency: remove the home-sale condition and prove they can close regardless of their other home’s status.
• Terminate the contract: release the seller to proceed with the more certain offer.

How to Make a Contingent Offer Attractive in Coastal NC

If you are asking a seller in Topsail or Leland to accept a contingent offer, you are asking them to take risk on your ability to sell. Your job is to reduce that risk on paper.

1) Show, Don’t Just Tell

Attach proof that your home is market-ready. Include your home’s professional photography, a link to the active listing, and any key status facts. A buyer whose home is already actively listed, or better yet under contract and past inspections, is materially stronger than a buyer who has not launched their listing.

2) Use the Due Diligence Fee as a Credibility Signal

In North Carolina, the Due Diligence Fee is generally non-refundable. Offering a higher-than-average fee in Surf City or Jacksonville signals commitment and confidence that you can execute even with moving parts.

3) Mention a Liquidity Backstop

If you have access to a bridge loan or a “Hubbard Buster” style program, referencing that option in your offer narrative tells the seller you have a plan if your sale timeline slips. Sellers do not want optimism. They want a fallback that closes.

The Seller’s Perspective: The Contingency Chain Problem

For sellers in Southeastern NC, a contingent offer can be a smart move if the home has been sitting for a few weeks. It puts a qualified buyer in place while keeping the property active and visible under a contingent status.

The risk is the contingency chain. If your sale depends on a buyer whose sale depends on another buyer selling, collapse risk multiplies. A seasoned local agent will vet the chain and look for weak links before advising a seller to sign.

Your Next Step

Selling and buying at the same time is a balancing act. Aspyre Realty Group structures contingent offers sellers will actually accept, while protecting your downside with timelines, documentation, and real leverage so your transition through New Hanover, Pender, Onslow, and Brunswick counties stays on track.