A buyer is making an offer on a residential property and includes a contingency that the sale is dependent on the buyer selling their current home within 60 days. The seller accepts this offer but wants to retain the ability to accept a better offer if one comes along, without having to wait the full 60 days. Which clause would typically be added to the purchase agreement to allow the seller this flexibility?

Why the other options are wrong

• A. A Right of First Refusal gives a party the option to purchase a property before it is offered to others, or to match any bona fide offer received. It's typically granted to tenants or adjacent landowners and is not a clause for a seller seeking to accept a new offer over an existing contingent one.
• B. A Due Diligence Clause allows the buyer to investigate the property's condition, title, etc., within a specified period. It does not provide flexibility for the seller to accept other offers.
• D. While sometimes used interchangeably with 'kick-out clause,' 'escape clause' is a broader term that can refer to various provisions allowing a party to terminate a contract under specific conditions. 'Kick-out clause' is the more precise term for this specific scenario involving a contingent offer and subsequent offers.