Strengthen the primary contract
- Deliver the stated additional deposit to the Escrow Agent on time.
- Waive the financing contingency.
- Waive the sale-of-Buyer’s-property contingency.
- Proceed toward the existing Closing Date.
Paragraph 19 · Addendum X
A primary contract can remain alive—and still be vulnerable to a better-positioned back-up buyer.
Addendum X lets the seller continue marketing and accept a bona fide back-up contract. After receiving the required redacted copy, the primary buyer has three days to strengthen the deal or allow it to terminate.
What Addendum X does
It gives the seller a controlled path out of a contingent primary contract.
The seller may keep showing the property and solicit or enter a bona fide back-up purchase contract. When that happens, the seller can trigger the primary buyer’s short response window by delivering the required copy.
The primary buyer must then decide whether to make the rider’s stated additional deposit and waive two named contingencies—or let the contract end automatically.
The decision fork
Three days. Two paths. No ordinary cancellation notice required.
Once the buyer receives the qualifying back-up contract copy, the response must be completed within the rider’s three-day period.
3days from receipt of the back-up contract
Do not make the deposit in time
The primary contract automatically terminates under the rider.
- The existing Deposit is refunded.
- Buyer and seller are released from further obligations.
- The seller may proceed with the back-up contract.
Six rider mechanics
The kick-out works only when each contractual step is handled correctly.
Continued marketing
The seller may continue showing the property and seeking other purchase contracts.
Bona fide back-up
The trigger is an actual qualifying back-up purchase contract, not an expression of interest.
Copy delivered
The seller gives the primary buyer a copy while protecting specified confidential terms.
Three-day response
The buyer’s clock runs from receipt of that back-up contract copy.
Deposit and waivers
Timely delivery of the additional deposit preserves the deal and activates the stated waivers.
Automatic result
Failure to deliver the additional deposit on time automatically terminates the primary contract.
Proof without unnecessary disclosure
The buyer receives the back-up contract—but not every sensitive detail.
The rider permits the identities of the third parties and the back-up purchase price to be obliterated from the copy delivered to the primary buyer.
That structure gives the primary buyer evidence of the triggering contract while protecting the specified confidential information. The copy, redactions, method of delivery and proof of receipt should all be preserved.
Third-party identities and purchase price may be redacted.
The additional deposit
Delivery to escrow is the action that keeps the primary contract alive.
Use the completed amount
The rider contains a blank for the additional Deposit amount. The signed figure—not a later assumption—controls.
Reach the Escrow Agent
A promised transfer, initiated wire or sent check may not equal timely delivery. Confirm receipt under the contract and escrow instructions.
Credit at Closing
If the transaction proceeds, the additional deposit is credited to the buyer at Closing under the rider.
Precision matters
Continuing means waiving two specifically named contingencies.
By timely making the additional deposit, the buyer waives the contingencies for financing and sale of Buyer’s property. The parties then remain obligated to close on the existing Closing Date.
This can create substantial risk: the buyer may still need a loan or sale proceeds in practical terms even though those contractual exit rights have been waived.
Do not summarize the rider as a waiver of every possible contract right. Review the complete signed contract to identify what remains.
Related—but different
Rider W protects the waiting buyer. Rider X pressures the primary buyer.
Both can involve a back-up transaction, but they govern different positions and different clocks.
Back-Up Contract
The second buyer waits for the existing primary contract to terminate and for written activation notice. Its special timing governs when the back-up moves into first position.
Kick-Out Clause
The primary buyer faces a three-day choice after receipt of a bona fide back-up contract: make the additional deposit and waive the named contingencies, or allow automatic termination.
Before the clock starts
Preparation matters because three days can pass quickly.
Primary buyer checklist
- Know the additional deposit amount before signing.
- Confirm exactly how notices may be delivered.
- Keep funds liquid and wire instructions independently verified.
- Understand the practical effect of losing financing protection.
- Understand the effect of losing the home-sale contingency.
- Track actual receipt—not merely the seller’s send time.
- Obtain escrow confirmation before the deadline.
- Verify the existing Closing Date remains achievable.
Seller checklist
- Confirm the back-up contract is bona fide and fully executed.
- Redact only the information the rider permits.
- Deliver the copy through a contract-authorized method.
- Preserve evidence of the buyer’s receipt.
- Do not misstate when the three-day period began.
- Coordinate the primary and back-up contracts carefully.
- Confirm escrow status before declaring nonperformance.
- Seek legal guidance if timing or termination is disputed.
A practical timeline
Receipt starts the fork; escrow performance determines the result.
Back-up is signed
Seller enters a bona fide back-up purchase contract.
Redacted copy arrives
The primary buyer’s three-day response period begins.
Deposit reaches escrow
Timely performance keeps the primary contract alive and waives the named contingencies.
Automatic termination
No timely additional deposit means refund, release and termination under the rider.
Frequently asked questions
Florida Addendum X, in plain English.
What activates the three-day period?
Receipt by the primary buyer of the seller’s copy of a bona fide back-up purchase contract activates the rider’s response period.
May the seller keep showing the property?
Yes. Addendum X permits continued showing and solicitation or entry of bona fide back-up purchase contracts.
What information may be removed from the copy?
The identities of the third parties and the back-up contract’s purchase price may be obliterated under the rider.
What must the primary buyer do to continue?
The buyer must timely deliver the stated additional deposit to the Escrow Agent. Doing so waives the financing and sale-of-Buyer’s-property contingencies.
Does the buyer get a new Closing Date?
No automatic extension is supplied by the rider. The parties remain obligated to close on the existing Closing Date.
What happens if the additional deposit is late?
The primary contract automatically terminates, the existing Deposit is refunded and the parties are released from further obligations under the rider.
Is an initiated wire enough?
Do not assume it is. Because the rider requires the deposit to be made to the Escrow Agent within the period, obtain confirmation of timely receipt and follow the signed contract and escrow instructions.
Is Addendum X the same as Addendum W?
No. Addendum W structures the back-up buyer’s second position. Addendum X creates pressure on the primary buyer after a qualifying back-up contract is received.
A back-up offer has arrived?
Three days is a short window for a decision that can reshape the entire transaction.
DW&Co. can help coordinate delivery, escrow confirmation, contract timelines and communication with the appropriate Florida legal, lending and title professionals.
Talk with DW&Co. Real Estate