As you search for homes online, you may spot a listing that says “contingent” or “pending.” These are statuses that mean the seller has accepted an offer but the sale hasn’t closed. In these cases, the home could become available again should something go wrong before the sale is finalized.
A contingent listing still has conditions that must be met. The buyer may need to secure financing or have the home inspected, or they could be waiting on the results of the appraisal and title search. These conditions are written into the purchase contract and are called contingencies. After all, the process of buying and selling a home doesn’t happen overnight. After these contingencies are settled, the sale is considered pending until it’s officially completed.
A contingent home is more likely to come back on the market than a pending one, but both deals can fall through.
Contingent vs. pending: At a glance
Contingent | Pending | |
|---|---|---|
What does it mean? | Offer accepted, but still dependent on contingencies. | Offer accepted and nearing closing. |
Can the buyer back out? | Yes, if a contingency isn't met, they can typically walk and keep their earnest money deposit. | Not without cost. Since contingencies have been cleared, backing out generally means giving up earnest money and risking legal consequences. |
Can you still make an offer? | Typically yes. | Maybe, but it’s unlikely to be accepted at this stage. |
Are contingencies still being worked through? | Yes. | No. All contingencies have been met. |
How likely is the home to become available again? | Moderate. If contingencies are not met, the contract could fail and the property can return to the market. | Low. Most pending contracts become completed sales. |
What does ‘contingent’ mean in real estate?
When a sale is contingent, it also may be labeled “under contract.” Contingent means the buyer and seller have a deal, but there are still conditions to work out. The only way the sale will progress is if the agreed upon conditions are met. For example, a buyer may offer to purchase a house for $500,000, as long as the inspection looks good and their loan gets approved.
If the seller accepts that offer, then the sale is contingent on those conditions being resolved. If both of those conditions are met, the sale moves forward. If not, the buyer has the right to walk away from the deal. It’s important to note that backing out must be based on a pre-agreed contingency; otherwise, the buyer may risk losing their earnest money deposit.
What does ‘pending’ mean in real estate?
Pending means the agreed-upon offer is still in place, most or all contingencies have been met and the sale is moving toward closing. Taking the example above a step further, the inspection has passed and the buyer’s loan has been approved.
At this point, the sale is awaiting closing but not yet a guarantee. The sale can still fall through if a requirement is not met or a valid reason for termination according to the contract arises. So if your dream home is labeled as pending, don’t give up hope just yet — it’s unlikely, but there’s still a chance it could become available again.
While it’s an aggressive move, you could technically submit a backup offer on a home that’s gone pending. That way if the current offer falls through, the seller with already have your information ready. Just know at this stage, both the buyer’s and seller’s ability to back out is limited due to the legally binding purchase agreement.
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How does 'active under contract' differ from 'contingent' and 'pending'?
“Active under contract” often means the same thing as “contingent.” When a sale is “active under contract,” the seller has accepted an offer but the home is still being marketed and the seller may still consider backup offers if the current one falls through. These statuses differ from “pending,” which means the home is nearing closing and effectively off the market.
For a home that is “active under contract,” the current agreement remains the priority, and the contingencies within that agreement still stand. But if it falls through, for example, because the home inspection does not come back favorably, the seller can turn to a backup offer.
It’s sort of like holding a seat at a restaurant with a deposit. The seat is reserved for someone, but if they cancel, the restaurant can give it to the next person waiting.
Contingencies protect the buyer
Contingencies are conditions that need to be satisfied before the transaction can be finalized. Most protect the buyer, and if they're not satisfied, the buyer can walk away from the deal and keep their earnest money deposit. These contingencies can include requests such as:
- An inspection contingency, which allows the buyer to back out if something problematic is uncovered during the home inspection. It can also stipulate that the seller has to cover the costs of repairs that are recommended as a result of the inspection.
- An appraisal contingency, which lets the buyer walk away if the home appraises for less than the offer price.
- A financing contingency, which means the buyer can walk away if they aren't approved for a large enough mortgage.
- A home sale contingency, which means that the sale is conditional on the buyer selling their current home.
- A title contingency, which requires the owner to address any liens or judgments discovered during the title search before the sale can proceed. Otherwise, the buyer can walk away.
In a strong seller’s market, where available homes are scarce, it can be difficult for buyers to get sellers to agree to contingencies. For example, if other buyers will agree to cover the cost of any problems uncovered by the home inspection, the seller has little incentive to agree to an offer that’s attached to an inspection contingency.
How often do homes go back on the market?
Contracts typically close within 30 days. However, not every deal makes it to closing. From April 2026 to July 2026, 6% of contracts were terminated, according to the National Association of Realtors’ July 2026 confidence index survey. In addition, appraisal issues caused closing delays for 6% of contracts in July.
While most deals don’t fall through, it’s still worth making your interest known if you love a home that’s under contract. Having your financial ducks in a row before you start shopping is important as well. Get preapproved, know your budget and be prepared for potential repairs so you’re ready to act as a backup buyer if the home becomes available.
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