Making a Contingent Offer in Los Angeles: What Move-Up Buyers Need to Know About California's COP Form

What is a contingent offer when buying a home in Los Angeles?

A contingent offer in Los Angeles ties your purchase contract to the sale of your existing home. California's CAR Form COP (Contingency on Purchase of Property) formalizes this arrangement, giving the seller the right to keep marketing their home while you work to sell yours. If the seller receives another offer, they can issue a Notice to Buyer to Perform (Form NBP), giving you a 3-day window (the California default) to remove the home sale contingency or cancel escrow and get your earnest money back.

By Paul Blair | November 10, 2026

If you own a home and want to buy another one, you're in the same position most move-up buyers face: you need the equity from your current house to close on the next one, but you don't want to sell before you've found somewhere to go.

That's what Form COP is for.

The California Association of Realtors' Contingency on Purchase of Property form is the standard way to write an offer that depends on the sale of your existing home. It's not a workaround or a special request. It's a recognized contract addendum with specific mechanics, and understanding how it works determines whether you can actually use it in a competitive LA market.

What Form COP Does

Form COP attaches to your purchase offer and tells the seller two things. First, your ability to close is contingent on selling your current property. Second, the seller retains the right to continue marketing their home and accepting backup offers while you're in escrow.

That second part is the kick-out clause, and it's the piece most buyers focus on.

Under paragraph 8 of the COP form, if the seller receives another offer they want to accept, they can deliver a Notice to Buyer to Perform (Form NBP). The NBP starts the clock on your decision window. The California default is three days, though the parties can negotiate a different period in the contract.

Within that window, you have two choices. You can remove the home sale contingency using Form CR (Contingency Removal), which means you're committing to close regardless of whether your house has sold. Or you can cancel escrow, in which case your earnest money is typically returned to you.

This is not the same as the loan or inspection contingency process, where contingencies can expire passively. The home sale contingency under Form COP stays in place until either you remove it, the seller triggers the kick-out, or escrow closes.

The Kick-Out Clause: What It Means for Move-Up Buyers

The 3-day window sounds tight, but it's negotiable at the time you write the offer. Some sellers agree to 5 days or longer, particularly if your existing home is already on the market and moving quickly. Others hold firm at the default.

What you need to understand before you write a COP offer is what happens if the seller pulls that trigger. If you can't remove the contingency within the agreed window, you'll need to cancel. And while your earnest money should be protected, canceling kills your deal and leaves the seller free to proceed with the other offer.

That's why most experienced agents advise move-up buyers to list their current home before making a COP offer, not after. A home that's already under contract (or even just on the market with strong interest) makes you a credibly motivated seller, not someone who might need six months to get out from under their existing house.

The timeline pressure also runs in the other direction. Once you're in escrow on the new home, your sale needs to close in time to fund your purchase. If your sale falls through or hits delays, you may face a gap. This is one of the reasons some move-up buyers consider a bridge loan as an alternative to a contingent offer. The two approaches solve the same problem differently.

When LA Sellers Will (and Won't) Accept a Contingent Offer

The honest answer is: it depends on the market, the property, and what your existing home looks like.

In 2024 and 2025, the high end of the LA market softened noticeably, particularly above $3M. Properties were sitting longer, price reductions were common in Bel Air and the lower reaches of the Hollywood Hills, and sellers were more willing to negotiate terms. That environment created more room for contingent offers than the frenzied years before.

The calculus shifts quickly when demand picks back up or when you're looking at a property with multiple interested buyers. A seller who has two offers in hand is not going to choose the contingent one unless it's significantly better in price or other terms, or unless the competing offer has problems of its own.

Here's what sellers typically look for when evaluating a contingent offer:

Your home is already listed or under contract. If your house has been sitting unsold for two months, most sellers won't take that risk. If you're already in escrow, your offer looks much more like a bridge between two transactions than a gamble.

Your timeline is realistic. A 45-day escrow on a COP offer only works if your sale can close in that window. If you need 90 days, say so.

Your price is strong. A contingent offer at list price may not compete with a non-contingent offer at 2% below. Many sellers will take a slight discount on price in exchange for a clean offer rather than accept a contingent offer at full price.

The kick-out period is short. A seller who accepts a COP offer is effectively pausing their marketing. The shorter your NBP response window, the less exposure they're taking.

If you're a buyer in a position where you need Form COP, the question isn't just whether the seller will accept it. It's how to structure it so they actually want to.

If you're weighing whether to make a contingent offer on a specific property, I'm glad to walk through the numbers and the timing with you. Reach out here and we can figure out whether COP is the right tool for your situation or whether something else makes more sense.

How to Make Your Contingent Offer Worth Taking Seriously

There are a few things that separate contingent offers that actually work from ones that get passed over.

First, attach your listing agreement or your pending contract to your offer if you have one. It's not required, but showing the seller that your house is real and moving builds confidence. Some agents include a copy of the listing and recent price activity as part of the COP package.

Second, be realistic about your existing home's value and days-on-market estimate. If you're in a neighborhood where homes are taking 60 days to sell, writing a 30-day close into your COP offer is going to look off to any seller who does their homework.

Third, your earnest money deposit matters. A larger deposit signals commitment. It won't remove the seller's risk, but it does tell them you're not making a low-effort contingent offer as a hedge.

Fourth, consider the kick-out window carefully. Negotiating for 5 days instead of 3 gives you more reaction time if the seller receives a competing offer, but it also means more downside for the seller. If your home is already well down the path to closing, a 3-day window may be fine. If you're just starting to list, ask for more time.

One thing worth knowing: a contingent offer under Form COP is not the same as a non-contingent offer in LA, even if the price is the same. A clean, non-contingent offer on a property gives the seller certainty that a COP offer simply cannot. That matters in a multiple-offer situation. If you have the ability to make a non-contingent offer (through a bridge loan, savings, or other liquidity), that's worth considering before defaulting to Form COP.

The Paperwork After You're in Escrow

If the seller accepts your COP offer and you open escrow, the transaction runs like a standard California purchase with one additional layer. The seller's listing stays active, usually with a "contingent" status flag, and they continue to show the property to backup buyers.

Your obligation is to work diligently to sell your existing home. The COP form typically includes a representation that you'll keep your property on the market and act in good faith to close. Sellers can and do ask for proof of marketing activity during the escrow period.

If the seller triggers the kick-out with an NBP and you choose to remove the contingency using Form CR, you're no longer protected by the home sale clause. At that point, you're committed to closing on the new home regardless of what happens with your sale. That's a significant decision. Most buyers who remove the contingency at that stage have a very strong read on where their sale stands.

The contingency removal process has its own mechanics, and it's worth understanding those before you're in a situation where you have three days to make the call.

Move-up transactions are logistically complicated, and COP offers add another layer to manage. If you're thinking through whether this approach makes sense for your situation in Los Angeles, I'm happy to talk through what the market looks like right now and what sellers in the neighborhoods you're targeting are actually willing to do.

About Paul Blair

Paul Blair is the founder and broker of Grey Square, a virtual real estate brokerage representing buyers and sellers across Dallas, Los Angeles and Houston. With 22 years in the business, Paul works the full range of the market, from luxury homes in the Park Cities and Preston Hollow to estates in the Hollywood Hills and across the Westside. Connect with Paul and the Grey Square team at greysq.com. TX TREC #9011505 · CA DRE #01792671.

Frequently Asked Questions

What is California Form COP?

Form COP (Contingency on Purchase of Property) is a California Association of Realtors addendum that makes a purchase offer contingent on the buyer selling their existing home. It allows sellers to keep marketing their property and accept backup offers while the buyer works to close on their current home.

Can a seller keep showing their home after accepting a contingent offer?

Yes. Under paragraph 8 of Form COP, the seller retains the right to continue marketing the property and to accept other offers. If a seller receives a competing offer they prefer, they can issue a Notice to Buyer to Perform (Form NBP) to trigger the buyer's decision window.

How long does a buyer have to remove a home sale contingency in California?

The default under Form COP is three days after the seller delivers the Notice to Buyer to Perform (Form NBP). The parties can negotiate a different period, and some move-up buyers ask for five days or longer, particularly if their home is not yet under contract.

Will LA sellers accept a contingent offer if my home isn't listed yet?

Rarely. Most sellers in the Los Angeles market are hesitant to accept a COP offer unless the buyer's existing home is already listed or under contract. A buyer who hasn't started the sales process represents a significant unknown, and sellers typically choose a cleaner offer rather than accept that uncertainty.

What happens to my earnest money if I cancel through the home sale contingency?

If the seller triggers the kick-out with an NBP and you choose not to remove the contingency, you can cancel escrow and your earnest money deposit is typically returned to you. The home sale contingency is specifically designed to protect buyers from losing their deposit when they can't close because their existing home hasn't sold.