After months and months of searching, it finally happens. Youâve found your dream home. But thereâs a catch. Whether you scoured a home listing website late at night or you drive by the perfect property on a Sunday morning, itâs disappointing to find out that a home youâre interested in is under contract or pending.Ěý
Terms like âunder contractâ and âpendingâ tend to imply that the home is sold and off the market, but that actually isnât the case. If you know whether a house is pending or under contract, you can form a plan for making a bid yourself.
In addition to the question of pending vs. under contract, you may find there are contingencies on the sale of the home that may open the door for you to buy it down the road. So knowing the breakdown of contingent vs. pending or under contract is also important.
Weâll provide insight into what the differences between under contract, pending, and contingent are, what it means for a home for sale to be in these stages, and more key details about the home buying process.Ěý
When a home is under contract â which is sometimes called âactive under contractâ â it means that the buyer has made a formal offer on the property and the seller has accepted their offer. While there is a good chance the sale will go through, if your dream home is under contract, you donât have to necessarily give up hope. Weâll explain why in a minute.Ěý
For a home to be listed as pending, that means the home is under contract and there are no longer any contingencies on the sale. Once a property is listed as pending, the home is much closer to actually being sold than when itâs under contract.ĚýĚý
If a home is listed as being a contingent sale, that doesnât mean the home is sold or an offer has been made. Instead, it refers to the sale of the home being dependent on a contingency working out. Both sellers and buyers can come to the table with contingencies that are required for the sale to go through (such as the buyer selling their current home first).Ěý
You may see a home listed as being both a contingent sale and under contract. The good news for someone who wants to buy a home that is already under contract is that if there are contingencies in place, there is a better chance the sale wonât go through.
Related: What does active contingent mean?
Itâs hard to conceptualize what these different sales terms mean if you arenât familiar with what it takes to buy a home. This brief overview will give you an idea of how the process works and what order each of these statuses come into play.
Step 1: The buyer tours homes and finds one they want to make an offer on.
Step 2: The buyer makes a formal offer in writing, and they may agree to contingencies put in place by the seller or set their own.
Step 3: The seller considers the offer.
Step 4: Negotiations may ensue at this point.
Step 5: The seller accepts the offer (if all goes well).
Step 6: The seller and buyer sign a contract (that will be contingent on certain factors such as inspection results) â the home is now under contract.
Step 7: The buyerâs earnest money will be deposited into an escrow account.
Step 8: The buyer applies for a mortgage.
Step 10: The home will go through an inspection and appraisal â you are now at the sale pending stage.
Step 11: The deal will close.
Not necessarily, especially when you take this fact into consideration: Real estate agents may use these status terms interchangeably if their multiple listing service (MLS) doesnât have a tag for the applicable status.
When you come across a home on an MLS, you canât always take its current status at face value. Itâs always worth asking your real estate agent to confirm the homeâs status with the listing agent.Ěý
If the home is listed correctly, hereâs what your chances are of being able to buy a home that is under contract or pending. Remember, just because a home is contingent, doesnât mean it has an offer â just a contingency placed on it for the sale to go through.Ěý
In either case, thereâs no harm done if you reach out to inquire about if you can make an offer on a home that is under contract or pending. The worst they can say is no and in the best case, you may be the first one they contact if the first sale doesnât work out.Ěý
If you do miss out, the search isn't over. Use to find a place that's an even better fit for you.
If a house is under contract, but youâre set on making an offer, your real estate agent will walk you through how to buy a house under contract. For some background information, hereâs what the process generally looks like.Ěý
Ask your real estate agent to speak to the listing agent to find out if they are accepting backup offers at this stage of the game. Your agent should be able to get a feel for if the deal is expected to go through or not. If they are open to backup offers, have your agent inquire as to what their ideal offer is so you can make a competitive one.Ěý
Learn more about finding a real estate agent
Letâs slow down for a moment. If at all possible, before you make an offer on the home, try to arrange to view the home. Photographs donât tell the whole story. When youâre eager to squeeze in an offer in case the current one falls through, you may think agreeing to not see the home in real life is worth it, but itâs not. If the seller wants your offer as a backup, they should agree to let you come see the home.Ěý
Now that you know what the seller wants in an offer, such as a rent-back deal or a contingency that the sale canât go through until they buy a new home, you can create a competitive offer. If you can accommodate the sellerâs needs and can meet the price of their last offer, youâll be in good shape. On your end, not having any contingencies will help a lot, although you should only agree to a sale that youâre fully comfortable with.
Learn more about making an offer on a house
Including a personal offer letter alongside your offer that outlines why you want to buy their specific home is an extra special touch that goes a long way. If you can pull on the sellerâs heart strings, you may stand out from other very similar backup offers. Of course, a personalized letter about why you love their home wonât be able to compete with a strong financial offer, but if youâre on equal footing otherwise, it can push the seller in your direction.Ěý
Now that you know what these different terms mean, you can move more confidently when you finally find a home you love, even if an offer has already been made. Remember: It never hurts to ask.Ěý
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