What Does Sale Pending Mean in Real Estate?
Understand what "sale pending" signifies in real estate, the crucial steps during this phase, and its implications for buyers and sellers.
Understand what "sale pending" signifies in real estate, the crucial steps during this phase, and its implications for buyers and sellers.
When a property listing displays “sale pending,” it indicates a significant stage in the real estate transaction. This status means a seller has accepted an offer from a buyer, and both parties have signed a purchase agreement. While a contract is in place, the sale is not yet finalized, and ownership has not transferred. This period is a transitional phase where various conditions must be met before the transaction can officially close.
The “sale pending” status means the home is under contract but not yet closed. This differentiates it from an “active” listing, which is available for offers. It also differs from a “contingent” status, which often implies that certain conditions, such as the buyer selling their current home, must be met. While “pending” and “contingent” are sometimes used interchangeably, “pending” generally suggests that most significant conditions are either being actively worked on or are nearing completion. A property remains “sale pending” until all contractual obligations are fulfilled and closing occurs, at which point its status changes to “sold.”
Despite being under contract, a pending sale is not a guaranteed outcome. The agreement typically includes clauses that allow either party to withdraw if specific conditions are not satisfied. These conditions, known as contingencies, protect both the buyer and the seller. Failure to meet any agreed-upon term can lead to the termination of the purchase agreement. Therefore, the “sale pending” period is a critical time for due diligence and fulfilling contractual requirements.
During the “sale pending” phase, several important steps typically occur to move the transaction toward closing.
Home inspections are a common contingency, where the buyer hires a professional inspector to evaluate the property’s condition. This inspection usually takes place within 7 to 14 days of contract acceptance, costing the buyer $300 to $600. Based on the inspection report, the buyer may request repairs from the seller or a credit at closing for identified issues.
For buyers securing a mortgage, an appraisal is another significant step. The buyer’s lender orders an independent appraisal to determine the property’s fair market value, ensuring it supports the loan amount requested. This process often takes one to two weeks and typically costs the buyer between $400 and $700. If the appraisal comes in lower than the agreed-upon purchase price, the buyer, seller, and lender must negotiate, which could involve the buyer paying more cash, the seller reducing the price, or the deal falling through.
Financing contingencies are also standard, allowing the buyer time to secure final loan approval from their lender. This involves the lender underwriting the loan, verifying the buyer’s financial information, and ensuring all conditions for financing are met. This process can take approximately 30 to 45 days from the contract signing. If the buyer cannot obtain the necessary financing, this contingency typically allows them to exit the contract without penalty.
A title search and title insurance are further components of the pending period. A title company conducts a thorough search of public records to confirm the seller’s legal ownership of the property and to identify any liens or disputes. This search helps ensure the buyer receives a clear title, free from unexpected claims. Title insurance, typically a one-time premium paid at closing, protects both the buyer and the lender against future claims related to past ownership issues.
Once all contingencies have been satisfied or waived, the buyer typically provides formal notice of contingency removal. This action signifies that the buyer is prepared to move forward with the purchase without the protection of those specific conditions. If any crucial step fails to satisfy the buyer, or if the seller does not meet the buyer’s reasonable requests, the purchase agreement can be terminated, and the property may return to an active status.
For other prospective buyers, a “sale pending” status generally means the property is not currently available for new offers. The seller has committed to a specific buyer, and the property is off the market while the agreed-upon conditions are fulfilled. Consequently, real estate agents typically advise their clients that properties in this status are unavailable for showing or purchase.
However, a “backup offer” is an option for interested parties. A backup offer is a formal offer submitted by another buyer, which the seller can accept. If accepted, this offer becomes primary only if the initial “pending” deal falls through for any reason. This arrangement provides an opportunity for a second buyer to secure the property without waiting for it to be relisted as active. While not all sellers choose to entertain backup offers, it can be a viable strategy for persistent buyers.