What Does a House in Contingent Mean?
Understand what 'contingent' means for a home sale. Learn how this status impacts buyers and sellers in real estate transactions.
Understand what 'contingent' means for a home sale. Learn how this status impacts buyers and sellers in real estate transactions.
A real estate listing status provides information about a property’s current availability and transactional stage. These statuses help buyers and sellers understand where a home stands in the sales process. “Contingent” is a common status indicating a specific phase in a home sale.
When a house is listed as “contingent,” a seller has accepted an offer, but the sale depends on certain conditions being met. These conditions, known as contingencies, are clauses in the purchase agreement. Contingencies protect both the buyer and seller, allowing them to withdraw from the contract without penalty if conditions are not satisfied. If these conditions are not fulfilled within a set timeframe, the deal may fall through, and the house could return to the market. This safeguards buyers from being obligated to purchase a property that does not meet their expectations.
Several types of contingencies are frequently included in real estate contracts, each designed to protect specific interests.
An inspection contingency allows the buyer to conduct a professional home inspection within a specified period. If significant issues are discovered, the buyer can negotiate repairs, a price reduction, or withdraw from the contract without losing their earnest money deposit.
An appraisal contingency protects the buyer if the home’s appraised value is less than the agreed-upon purchase price. Lenders will not loan more than the appraised value. If the appraisal comes in low, the buyer can renegotiate the price, pay the difference in cash, or terminate the contract and receive their earnest money back. This helps ensure the buyer is not overpaying for the property.
A financing, or loan, contingency allows the buyer a period to secure the necessary mortgage financing. If the buyer is unable to obtain loan approval within this timeframe, they can withdraw from the deal without penalty. This is important as most homebuyers rely on a mortgage to complete their purchase.
The sale of buyer’s home contingency makes the purchase dependent on the buyer selling their current home within a specified period. This protects the buyer from owning two homes simultaneously or facing financial strain. Sellers may find offers with this clause less appealing due to added uncertainty and potential delays. Other contingencies include clear title contingencies, which ensure no undisclosed liens or ownership disputes, and HOA document review contingencies, allowing buyers to review homeowner association rules.
The contingency period is the defined timeframe during which all agreed-upon conditions in the real estate contract must be met or formally waived. During this time, several activities are undertaken.
Buyers schedule home inspections. The appraisal process is initiated to evaluate the home’s value. Buyers also secure final loan approval from their mortgage lender.
Negotiations may arise from inspection findings or appraisal gaps, requiring new agreements on price or repairs. If a contingency is not met, the buyer may renegotiate terms or terminate the contract without losing their earnest money deposit, provided they act within the specified timeframe.
For sellers, a “contingent” status means an offer has been accepted, but the sale is not yet guaranteed to close. The deal could still fall through if contingencies are not satisfied. Many sellers continue showing their home and may accept backup offers. This provides a safety net if the initial deal fails.
For potential buyers, a contingent listing means the home is not definitively sold, and there is an opportunity to pursue it. Interested buyers can inquire about specific contingencies and consider making a backup offer. A backup offer becomes active only if the primary contract terminates due to unmet contingencies. Consulting a real estate agent can help understand the likelihood of the current deal falling through and strategize a competitive backup offer.
Understanding the nuances between various listing statuses is important for interpreting real estate market activity.
An “active” status indicates a home is on the market, available for showings, and accepting offers. No offer has been accepted yet. This is the initial stage where the property is openly marketed to attract buyers.
In contrast, a “pending” status signifies an offer has been accepted, and all contingencies have been met or waived. The sale is moving towards closing, and the listing is no longer active for showings or new offers. While a pending sale can still fall through, it is a more certain transaction than a contingent one. The key distinction is that “contingent” implies conditions are being worked through, whereas “pending” suggests those conditions are largely resolved, making the sale significantly closer to finalization.