What Does Contingent Mean in Selling a House?

When a house is listed as “contingent” in the real estate market, it signifies that an offer has been accepted by the seller, but the sale is not yet final. Contingencies are conditions that must be met before the transaction can close, protecting both the buyer and seller within the real estate contract.

Understanding Contingent Status

A contingent listing means a property is formally “under contract,” with an accepted purchase offer. However, the sale’s completion depends on fulfilling predefined conditions in the sales agreement. This status differs from a finalized sale because the agreed-upon terms still carry potential for change or cancellation if these conditions are not satisfied.

Even with a contingent status, sellers may continue to show the property to prospective buyers or accept backup offers. This practice allows sellers to have alternative options should the initial contingent offer fall through due to unmet conditions. While the house is technically off the active market for new primary offers, the contingent status acknowledges that the deal is not yet guaranteed to close.

Common Contingency Types

Real estate contracts typically include several types of contingencies, each protecting a specific interest of the buyer or seller.

Inspection Contingency

This grants the buyer the right to a professional home inspection within a specified timeframe, often 7 to 10 days. If the inspection uncovers significant issues, the buyer can request repairs, negotiate a price adjustment, or withdraw their offer without penalty.

Appraisal Contingency

This stipulates that the property must appraise for at least the agreed-upon sales price. Lenders typically finance up to the appraised value. If the appraisal comes in lower, this contingency allows the buyer to renegotiate the price or terminate the contract if an agreement cannot be reached. This protects the buyer from overpaying and ensures the lender’s investment is sound.

Financing Contingency

This is for buyers who require a mortgage to complete the purchase. This clause gives the buyer a set period, commonly 30 to 60 days, to secure loan approval. If the buyer cannot obtain financing within this period, they can typically withdraw from the contract without losing their earnest money deposit.

Sale of Buyer’s Home Contingency

This protects a buyer who needs to sell their current residence to finance the new purchase. This condition makes the new home purchase dependent on the successful sale of the buyer’s existing home, usually within 30 to 90 days. Should the buyer’s home not sell within the specified timeframe, they can typically exit the contract without penalty.

Title Contingency

This ensures the buyer receives a clear title to the property, free from liens, disputes, or other claims. A title search verifies the seller’s legal right to transfer ownership. If title issues are discovered that cannot be resolved, the buyer can terminate the contract.

Navigating the Contingency Period

The period following an accepted offer and signed contract, known as the contingency period, is a defined timeframe during which both parties work to satisfy the agreed-upon conditions. This phase is active, with specific actions required from the buyer and seller. For instance, the buyer typically schedules inspections, and the lender orders an appraisal.

The duration of this period varies, often ranging from 10 to 60 days, depending on the number and complexity of the contingencies. Inspection contingencies might have a shorter window, such as 7 to 10 days, while financing contingencies often extend to 30 to 60 days. Constant communication between real estate agents, buyers, and sellers is important to ensure all deadlines are met.

Several outcomes can arise. If all contingencies are met, the sale moves forward, and the conditions are removed from the contract. If issues are found, such as during an inspection, the buyer and seller may enter negotiations for repairs, credits, or a price reduction. If a contingency cannot be satisfied or negotiations fail, the contract may be terminated, often allowing the buyer to recover their earnest money deposit.

Related Listing Statuses

Understanding the “contingent” status is clearer when contrasted with other real estate listing terms.

Active

An “active” listing means the property is fully available for sale, and no offer has been accepted yet. Prospective buyers can freely submit offers and schedule viewings.

Pending

The term “pending” indicates that all contingencies in the contract have been met or waived, and the sale is moving directly toward closing. At this stage, the likelihood of the deal falling through is much lower than with a contingent status. Pending listings generally do not accept backup offers, as the transaction is considered to be in its final stages.

Under Contract

The phrase “under contract” is often used broadly and can sometimes be interchangeable with both “contingent” and “pending,” depending on regional customs or the specific stage of the sale. It generally signifies that an offer has been accepted and a contract signed, but conditions may still need to be fulfilled. When a listing is “active under contract,” it specifically means an offer has been accepted, but the seller is still open to receiving backup offers.