Arizona buyer question
How does a home sale contingency work in Arizona?
If your offer depends on selling your current home, Arizona REALTORS® has a standard addendum for it. Here's what it says, in plain English.
Two ways to start
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The short answer
Quick answer: In Arizona, buyers usually use the Arizona REALTORS® Buyer Contingency Addendum. It makes the purchase depend on closing a home sale that's already under contract, or on accepting an offer on your home by a set date. If that doesn't happen, you generally get three days to waive the contingency or the contract cancels.
Source: Arizona REALTORS®, Buyer Contingency Addendum (updated July 2023) and July 2023 forms release (retrieved November 3, 2026). Last updated .
The two ways the addendum works
| Option | Use it when | What happens if it falls through |
|---|---|---|
| Section 1: closing of your sale | Your current home is already under contract with a buyer | If your sale doesn't close by the date in the addendum, you have three days to waive the contingency by written notice, or the contract cancels and your earnest money is released to you |
| Section 2: accepting an offer on your home | Your current home isn't under contract yet | If you haven't accepted an offer by the date in the addendum, the same three-day waiver window applies |
Source: Arizona REALTORS® Buyer Contingency Addendum, updated July 2023 (sample form). Check the version your agent uses; the signed addendum controls.
What rights does the seller keep?
- Backup offers. The seller can keep marketing the home and accept a backup contract. Once the seller notifies you, you have three days (or the number written in) to waive the contingency, or the contract cancels.
- A look at your accepted offer. Under Section 2, once you accept an offer on your home you send the seller the documents, and the seller has a short window to cancel if the terms aren't acceptable.
- Status updates. You agree to give updates on your sale when the seller asks. Missing a required notice can lead to a cure notice, and the seller may be entitled to the earnest money.
Create your free account to see all homes for sale that fit the monthly payment you're comfortable with, each with its actual property taxes, HOA dues, estimated homeowners insurance, and mortgage insurance when it applies, plus its own estimated closing costs and APR disclosure.
Opens a third-party home search site. Payments shown there are estimates to help you search, not a loan offer or rate quote. Your actual payment depends on price, down payment, credit, taxes, insurance, HOA, and loan program.
What does waiving the contingency mean?
Waiving means you agree to buy whether or not your home sells. Under the 2023 addendum, a waiver needs your lender's written documentation that you can close without the sale, or proof that you have the cash. The other contingencies in your contract, such as inspection and loan contingencies, still stay in place. The Arizona Department of Real Estate's Buyer Advisory warns that waiving contingencies can put your earnest money at risk, so read carefully before you sign.
How lenders see a pending sale
Under Fannie Mae's guide, if your current home won't close before the new purchase, the lender counts both monthly payments unless you provide the executed sales contract and confirmation that its financing contingencies have cleared. Talk with your loan officer before you write the offer so the dates in the addendum match what you can qualify for. See sell first or buy first.
Making a contingent offer stronger
- Get your current home listed, or under contract, before you write.
- Use realistic dates in the addendum, based on your sale's actual timeline.
- Have a preapproval letter that reflects your plan. See prequalification vs. preapproval.
- Shop by a monthly budget you can live with, so the new home fits even after the move.
A free account shows every home for sale that fits the monthly payment you're comfortable with, each with its real property taxes, HOA dues, estimated homeowners insurance, and mortgage insurance when it applies, plus its own closing cost estimate and APR disclosure.
Searching is free, and we never sell your information or pass it to other lenders or marketers. Only Rebel Rate Mortgage, Inc. contacts you, and only about your own search.
Related: earnest money · appraisal vs. inspection · Arizona closing timeline · move-up buyers · more questions.
General information about a standard form, not legal advice. Contract terms vary, and your signed contract and addendum control. Your agent or an Arizona real estate attorney can answer questions about them.
What clients say about Rebel Rate Mortgage
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Ready to see what fits your monthly budget?
Search Arizona homes with each home's property taxes, HOA dues, and insurance built into the estimated payment. We never sell your information or pass it to other lenders or marketers. Only Rebel Rate Mortgage, Inc. contacts you.
Create your free account to see all homes for sale that fit the monthly payment you're comfortable with, each with its actual property taxes, HOA dues, estimated homeowners insurance, and mortgage insurance when it applies, plus its own estimated closing costs and APR disclosure.
Opens a third-party home search site. Payments shown there are estimates to help you search, not a loan offer or rate quote. Your actual payment depends on price, down payment, credit, taxes, insurance, HOA, and loan program.
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Sources
- Arizona REALTORS®, Buyer Contingency Addendum (updated July 2023, sample form) (retrieved November 3, 2026)
- Arizona REALTORS®, Revised Arizona REALTORS® Forms for July 2023 Release (June 16, 2023) (retrieved November 3, 2026)
- Arizona REALTORS®, Description of Arizona REALTORS® Forms (lists the Buyer Contingency Addendum, Rev. 07/23) (retrieved November 3, 2026)
- Arizona Department of Real Estate and Arizona REALTORS®, Buyer Advisory (updated January 2025)
- Fannie Mae Selling Guide, B3-6-06 Qualifying Impact of Other Real Estate Owned (09/02/2026): current principal residence pending sale (retrieved November 3, 2026)
Frequently asked questions
Can I make an offer contingent on selling my house in Arizona?
Yes. Arizona REALTORS® publishes a Buyer Contingency Addendum that can tie your purchase to closing a sale already under contract, or to accepting an offer on your home by a set date.
What happens if my house doesn't sell in time?
Under the addendum, you generally have three days to waive the contingency by written notice. If you don't, the contract cancels and your earnest money is released to you.
Can the seller accept another offer while mine is contingent?
The seller can accept a backup contract. After the seller notifies you, you have three days, or the number written in, to waive the contingency or the contract cancels.
What do I need to waive a home sale contingency?
Under the 2023 addendum, your lender's written documentation that you can close without selling, or proof that you have the cash. Your other contingencies stay in place.
Can I lose my earnest money with a home sale contingency?
It can be at risk if you miss required notices or deadlines, or if you waive and then can't close. Read the addendum carefully and ask your agent.