The SC Escape Clause

An "SC Escape Clause" (Sold Conditionally with an Escape Clause) provides a safety net for sellers when they accept a conditional offer. This clause appears most often when a buyer’s offer depends on the sale of their current home. Because selling a home can take weeks or months, the escape clause ensures the seller does not miss better opportunities while waiting for the buyer to perform.

When a property is "Sold Conditionally," the seller normally cannot accept other offers. However, the escape clause allows the seller to continue showing the home and soliciting new bids. If the seller receives a second offer that they prefer, they trigger the clause by giving the first buyer a specific notice period—usually 24 to 72 hours.

Once the seller provides this notice, the first buyer must make a difficult choice within the time limit:

1. Firm up the deal: The buyer removes all conditions and commits to the purchase, regardless of whether their own home has sold.
2. Waive the agreement: The buyer steps aside, the initial deal becomes null and void, and the seller accepts the new offer.

For sellers in Orangeville, Caledon, and Shelburne, this clause maintains listing momentum. It prevents a property from sitting "stale" on the market while tied to an uncertain buyer. For buyers, the clause allows them to submit an offer even if they haven't sold their current residence yet, though they must remain ready to act quickly if a second buyer emerges.