What is Contingent vs. Pending? Find Out the Difference

Key takeaways

• Contingent homes mean the seller has accepted an offer, but they’re still active listings.
• Pending homes are no longer active listings and are in the process of being sold.
• Contingencies are specific conditions that must be met during a real estate transaction. If they aren’t met, then a buyer or seller is legally allowed to back out of the deal.

When looking at homes for sale, you’ll often see listings labeled as “contingent” or “pending.” In this Redfin article, we’ll explain what those terms mean and how they impact your chances of buying the home. Whether you’re looking for a condo in Miami, FL, or a home in Minneapolis, MN, here’s what you should know about contingent vs. pending listings. 

What does contingent mean in real estate?

A contingent property means the seller has accepted an offer, but the deal depends on meeting certain conditions, like inspections or financing. It remains an active listing since the sale can still fall through. If all contingencies are satisfied, the sale moves to pending.

What are common contingencies in real estate?

Real estate contingencies can be based on a number of factors. Some of the more common contingencies when buying a house include:

• Financing contingency: If a buyer can’t get financing, the seller can opt out.
• Appraisal contingency: If an appraisal reveals that the home is worth less than the offer, the buyer can request a lower price or opt out.
• Inspection contingency: If a home inspection reveals problems, the buyer can request repairs, compensation, or opt out.
• Title contingency: If a title report reveals a conflicting ownership status, the buyer can opt out.
• Home sale contingency: If a buyer cannot sell their current home within the agreed-upon timeline, the buyer may opt out. 

6 common types of contingency statuses

When a home is contingent, there are several statuses that have different meanings. Here’s what they are:

1. Contingent – continue to show (CCS): A listing may say “contingent – continue to show (CCS)” which means that agents can continue to show the home. The buyer may have several contingencies they need to fulfill. In this case, the sellers may be actively accepting additional offers, so speak with your agent about the best course of action. 
2. Contingent – no show: If a listing says “contingent – no show,” it means the home is no longer being shown or accepting offers. While there are contingencies, the seller is confident that the offer will likely go through. 
3. Contingent – kick-out clause: A kick-out clause means that a buyer must fulfill their contingencies by a certain date or risk losing out on the home. For example, if the buyer cannot sell their current home in time to pay, the seller can opt out.
4. Contingent – first right: If the buyer cannot match additional offers made on the contingent house, the seller can opt out.
5. Contingent – short sale: A short sale is when the home is sold for less money than what is owed on the mortgage. Typically, short sales are initiated by the bank or mortgage company and can take months to complete. “Contingent – short sale” means that an offer has been accepted and is in the process of a short sale.
6. Contingent – probate: If a listing says “contingent – probate,” that means the home is being sold due to the owner’s death. Probate is the legal process of reviewing a deceased person’s assets and Will to determine their distribution. 

What does pending mean in real estate?

A pending property means the seller has accepted an offer, and all contingencies are met or waived. It’s no longer an active listing and remains pending until closing, when all legal and financial requirements are finalized.

4 common pending types in real estate

There are a few different kinds of pending sales in real estate. The more common types include:

1. Pending – taking backups: The seller accepted an offer on their home, but something hit a snag in the final stages, such as an issue with a contingency on the offer. Now, the seller is taking backup offers in case their deal falls through.
2. Pending – no-show: If a home is “pending – no-show” or “pending – do not show,” that means the seller is no longer showing the property. It’s likely they’re confident that the sale will go through.
3. Pending – short sale: The accepted offer is a short sale and must be approved by additional lenders or banks outside of the buyer or seller’s control, which may take a long period of time to process.
4. Pending – more than 4 months: This means the accepted offer has been pending for more than four months. This can be due to snagged negotiations, delayed construction, or longer-than-usual processing time. In some cases, it may be agent oversight in updating the listing status from pending to sold.

Can you make an offer on a contingent or pending home?

Yes, you can. A real estate agent with experience in complex deals can help you navigate the process. If you really want to buy a home that’s listed as contingent or pending, you’ll need a well-informed strategy. Here are some things to consider:

• Have your agent speak with the listing agent: Your agent should be able to find out the current state of the contracted offer. How do the buyer and seller feel about the deal? Does the current contract entertain backup offers? Depending on what your agent learns, they can give insight about potentially submitting an offer.
• Make a strong, competitive offer upfront: Submit your best offer early, ideally above the asking price if the market is competitive. A larger earnest money deposit and fewer contingencies (while still protecting yourself) can also make your offer more appealing.
• Act fast and be flexible: Tour the home as soon as it hits the market and submit an offer quickly. Flexibility on the seller’s preferred closing timeline or move-out date can give you an edge over other buyers.

FAQs about contingent vs. pending offers

How often do contingent offers fall through?

It’s uncommon. While it’s hard to track how many contingent or pending offers fall through each year, the National Association of REALTORS® shows that around 5 percent of overall home sales fail. That means the vast majority of sales close, but deals can fall apart for many different reasons.

Is pending the same as sold?

Pending is not the same as sold. It means that the seller has signed a contract with the buyer for the home sale, but the sale isn’t final yet.

Can a seller back out of a contingent offer?

It depends. Generally, a seller can’t back out unless the buyer fails to meet a contingency deadline or another clause allows it. For example, the seller may have a financial contingency and is willing to accept a backup offer if the buyer doesn’t meet the deadline to secure funding. In that case, the backup buyer may end up purchasing the home. 

Should you look at contingent homes?

Again, it depends. If you’re set on making an offer on the home, speak with your real estate agent. Your agent may have more insight as to the home’s status and whether the sellers are accepting backup offers. 

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