The kick out clause is a real estate contingency that offers flexibility for sellers while protecting buyers. A kick out clause refers to language in the contract which permits the seller, in some cases, to cancel the contract with the current buyer.A kickout clause allows you to continue to market your home to other potential buyers even after accepting an offer from another buyer. A kickout clause protects the seller from the risks of a cooling housing market or having to relist the home if the sale should fall through. Out clause is a provision in a real estate contract that allows a seller to continue marketing their property even after accepting an offer. Out clause allows the seller to continue to market their home to potential buyers even after accepting an offer. Contingencies are clauses that permit one member of the purchase agreement to get out of it if certain conditions aren't met. See the 4482 available recently sold homes near Gateway High School. Com®, your source for top rated real estate professionals. Phone held in hand. DHIMortgage.