16/07/2026
π‘ What is a βSubject to Saleβ Clause?
If youβve found your dream home but still need to sell your current property, a subject to sale clause may be an option worth discussing.
A subject to sale clause means your purchase is conditional on your existing property selling by an agreed date. If your property doesnβt sell within that timeframe, you may have the option to withdraw from the contract without being required to complete the purchase.
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Why do buyers use it?
β’ It can reduce the financial risk of owning two properties at once.
β’ It gives you more confidence when upgrading or downsizing.
β’ It may help avoid the need for bridging finance in some situations.
π€ What does it mean for the seller?
The seller is effectively reserving their property while waiting to see if your home sells. If your property doesnβt sell by the agreed date and the condition isnβt satisfied (or extended by agreement), the contract may come to an end. The seller can then continue marketing the property and accept another buyer, meaning youβll likely miss out on purchasing that home.
βοΈ Things to consider
While it offers protection for buyers, it can also make your offer less attractive to a seller. If the seller receives another offer that isnβt subject to a sale, they may prefer that offer instead. In a competitive market, this can reduce your chances of securing the property.
π¬ Before including a subject to sale clauseβ¦
Always seek advice from your solicitor or conveyancer. They can explain how the clause works, ensure itβs drafted correctly, and advise whether itβs suitable for your circumstances.
As your mortgage broker, I can also help you understand how a subject to sale contract may impact your finance options and discuss the lending solutions available before you make an offer.
Every property purchase is different, so getting advice from the right professionals before signing a contract can save you a lot of stress later.
This is general information only and should not be considered legal or financial advice. Always seek advice from your solicitor, conveyancer and lending specialist regarding your individual circumstances