There is a way, though, to draw up a home-sale contingency clause that will be acceptable to both the buyer and seller.

As in: "Ms. Green (from inexperience) in the news reader nook with a contingency clause!"

And the only thing more risky than that, he said, is to waive the contingency clause entirely.

Other buyers take the risk, sometimes successfully, of forgoing standard contingency clauses in the contract to rivet the interest of the seller.

"Once that time passes the broker can present offers but they are backup offers, only for use if the seller has an appropriate contingency clause in the contract."

Few contracts on waterfront houses in his area are complete now without a contingency clause that lets the buyer get out of the contract if he can't find insurance.

Similar contingency clauses have become routine in a market where there are still many more buyers than sellers.

"The matter must be handled strictly on the charter protocol, though by all that's holy, I never anticipated having to invoke those contingency clauses."

Franklin also agreed to a contingency clause which could put as much as an additional $192.5 million in Mr. Price's pocket if certain growth targets are met.

"Seems there's a contingency clause to the will."