All real estate is local and more than likely hyper-local.   You can throw broker idiosyncrasies into that salad bar of options too. Intimate knowledge of your market is crucial. 

I've never in 26 years utilized a kick-out clause so not much help from me. As for listing a property as TOM when it's under contract, doesn't sound kosher to me.

 Interesting, Peter. I couldn't make an educated comment since I am unfamiliar with FL real estate law.

Here in NC or SC if there is a kick-out clause, that typically refers to someone who has first position but, when another Offer comes in, that first-position buyer has 48-hours to remove any contingencies or the second buyer can move into the primary slot.

I've never seen one go temp off market though, while under Contract - even with contingencies. 

In our MLS that would need to be listed as CTG, with the appropriate terms behind it.  ie: CTG/HS24 (Contingent with a House Sale contingency with a 24-hour kick out)....

or CTG/HC72 (Contingent with a House CLOSE contingency with a 72-hour kick out)...

Showing it as temp, when it's actually under contract would be a violation of our MLS rules.

In our mls it means the buyer has a contingency that their house must sell to purchase this property.  The status is AKO (active kick out).

I've never had cause to use a kickout clause.  Very rarely will we even look at contingent offers in our market.

So it's a contingency contract and if another offer comes in that seller wants to negotiate, the in-contract buyer probably has X time to remove contingencies and proceed with the sale.
If your buyer is RWA, you can probably 'dislodge' the other buyer.

Contingency contracts are common in my area - peeps wanting to relocate and have their (CA usually) property to sell. 

Thanks for sharing this experience.

I am with Mr. Ryan Huggins - Thousand Oaks, CA - it is a sign of our markets. 

What Debe Maxwell, CRS said. 

Here it would likely be noted as a Contingent status with a first right of refusal. We are seeing more of these - in the past you would very rarely find a seller accepting an offer contingent on a sale

I have done a sale due to a kick-out clause...once.

First, I had to call the sellers agent and find out what the current "terms" are and what the contingency is. ( It was the sale of their buyers home)

Then my buyer matched the verified price, without any contingencies (other than financing and appraisal).  My buyer closed on the property, no big deal...

Eve

We call those "Bump Clauses", few agents will advise their clients to accept them, but we do see them frequently with FSBOs.

The wheel & deal of Real Estate....that's what's going on

To late in the day for me to make sense of it Peter Mohylsky 

In the Monroe NY area, that happened on occasion. If the seller gets a new offer that is the same/better without the sale contingency, they can give the first buyer xx amount of time to remove the contingency. If the contingency isn't removed, they can go with the second offer.

we have a category for a kick out clause....IT SHOULD NOT BE TEMP OFF MARKET....IT'S STILL ON THE MARKET

It's always complicated when the inhabitant needs a kick out clause. 

I've had listings with contested eviction litigation & let me tell you, in CT the non paying tenant can make out better than the landlord; I've seen cases linger on month after month & offers to purchase the property come & go while waiting for vacancy.

Never seen them taken off the market.   You have some great response here.

Offer list price plus 10% and all pending offers will get kicked out if the buyer goes stupid and insist on the seller replacing of the interior hollow core doors.

Peter,

I concur with Michael Jacobs 

That sounds like a "Pending, Contingent" in our mls which means that the purchase is contingent because the buyer needs to sell a house to perform. There is usually a "kick-out" clause of some sort in the agreement that allows the seller to continue to market the house seeking another offer since there is no guarantee the first buyer will get their house sold. If another offer comes in, the seller may invoke the "kick out" clause...dependent on what that clause says.

Yes...as has been mentioned...real estate is local.

I only dealt with a kick out clause was and that was years ago. There is not enough info given to give a good response...if it is still under contract, here temp off market would be an MLS violation for sure. Are you sure that the offer with the kick out clause was not withdrawn? If so, the property may have been taken off the market temporarily for some reason. 

Kick out clause, that is a new one on me.

They could be working on a potential sale, and seller doesn't want anymore showings or offers. Another possibiltiy is that they already have multiple offers and /or a solid back-up offer. We can only guess.

No, I don't know..

Never had it in our office.

I have never used anything like that! In fact I have seen any listings like that! In NC it would have to be an attorney drawn addendum 

I do not have one.

I always ask what the kick out is. Many times a buyer has a home to sell so if my buyer has no home to sell. I show it and present the clean offer kicking the other out per say

If you have a buyer who wants to make an offer and understands what is going on, make the offer and let the seller decide!