What Does Contingent Mean?

What's the difference between contingent and pending?

In real estate, “contingent” and “pending” are similar terms referring to the status of a “for sale” property. Both mean that someone made an offer on a home, but there is a slight difference.·      

• A property marked “contingent” is still active. The sale relies on all contingencies being met. These conditions may include things like the sale of the buyer’s current property, the approval of buyer financing, or the completion of inspections.·      
• A property marked “pending” means that the seller accepted an offer and the sale is in process.

A property can also be pending with contingencies. That means that the sale is in process, but there are still some conditions that need to be met. In summary, a property that is “contingent” means that a buyer made an offer based on certain conditions. A property that is “pending” means that the seller accepted an offer, and the sale is in process.

Why would a pending or contingent sale not go through?

It's hard to list every reason a pending or contingent home sale may fall through. Some reasons include:

• The buyer could not sell their current home and therefore cannot purchase a new home.·
• The buyer’s financing falls through and they cannot secure a mortgage.
• The home inspection reveals issues with the property that the buyer is unwilling to accept.
• The appraisal comes in lower than the agreed-upon sale price and the buyer and seller cannot agree on a new price.
• The buyer changes their mind and decides not to purchase the home.·
• The seller receives a better offer from another buyer and chooses to sell to them instead.
• The buyer or seller decides not to move forward with the sale after a closing date delay.·
• The deadline for the conditions to be met passes.· 
• The buyer or seller decides to terminate the contract.·
• The title is not clear, and the sale cannot proceed.
• The seller is unable to transfer the property as per the agreed terms.·
• One or more parties do not sign the required legal documents, or the documents are not compliant with state regulations.

By being aware of these potential challenges, you can be better prepared to handle them if they arise.

Can a seller accept another offer while contingent?

A contingent property is technically still active on the market. The sale is not final until all conditions have been satisfied. Whether the seller can accept an offer while holding one with conditions depends on the agreement between the seller and the buyer.

In general, most contingency offers come with an expiration date and the seller may only consider other offers after that date. In fact, the seller may be legally obligated to continue working with the original buyer until all conditions are resolved or the offer expires. Or there is a mutual agreement between the buyer and the seller to cancel the offer. In some cases, a seller may accept another offer. If this happens, the seller would need to inform the original buyer that they are no longer considering their offer.

Basically, it all depends on the details. If you are involved in a contingent offer, take care to review the terms of the offer before agreeing.

If a contingency fails, what happens with my offer?

If you put in an offer on a contingent home that fell through, there are a few potential outcomes. Some depend on the seller, some depend on what you want:

• If the contingency involves your ability to sell your current home and you could not do so, you may still purchase the home if you are interested.
• If the contingency involves you securing financing, you may still have an opportunity if you can find financing elsewhere.
• If the contingency involves an issue found during the home inspection that you are unwilling to accept, you can continue to negotiate with the seller. You may also walk away.
• If the seller received a better offer from another buyer and chose to sell to them instead, you will need to look for another home.

The outcome will depend on the specific circumstances of the contract and the reason the sale fell through. It’s best to communicate with the real estate agent or the seller to get more information about the situation.

Is it worth looking at a house that is contingent?

Whether it is worth looking at a contingent house depends on your personal circumstances and priorities. Here are a few things to consider:

• Timeframe: If you are in a hurry to buy a house and the contingencies are not in your control, it may not be worth your time to look at it.   
• Competition: If there are multiple offers on the property, including one that is not contingent, the seller may be more likely to accept the non-contingent offer. If you submit a non-contingent offer, you may get the house.
• Risk: If the contingencies on the property are significant and difficult to meet, there is a higher risk that the sale will fall through. This may open the door for you or may clue you to potential issues.

If you are not in a rush to buy a house and you are comfortable with the contingencies and the process of handling them, it can be worth looking at a house that is contingent. Additionally, if the house is a perfect fit for your needs, and the price is right, it may be worth pursuing.

Ultimately, it is a decision that depends on your personal circumstances and priorities. It is also important to consult with a real estate agent or attorney to understand the terms and legal aspects of the offer.

The bottom line

A contingent home is still active. The exact terms of the offer determine whether a seller may entertain other offers. So, if you find a home that you love, it may still be worth looking into as there are plenty of reasons that the sale may not be complete.

If you are on the other side and need to submit an offer with contingency, you should talk to your REALTOR®. They’ll help you navigate the space and keep you competitive in a competitive market.