Real Estate Terms: Understanding 'Contingent' vs. 'Pending' Statuses

Jan 27, 2024 By Susan Kelly

Online real estate listings commonly include contingent vs pending alongside "active" and "sold" descriptors. Those in the competitive home market must distinguish between contingent and pending statuses. A property tagged contingent in real estate means the seller has accepted a buyer's offer but requires specific conditions before closing. These conditions may include house inspections, appraisal contingencies, or financial difficulties. However, a "pending" status means the agreement is advanced, and most situations are met. Both statuses indicate the property is under contract but differ in transaction stage and opportunity for further bids.

Even though these statuses are complicated, contingent and pending listings may become accessible again if the sale fails. These classifications don't imply the home is off the market forever, underscoring real estate's fluidity.

Contingent

Contingent in real estate is crucial in the complex dance between buyers and sellers. Contingency means the buyer and seller have signed a purchase and sale agreement. Specific requirements must be met for the contract to succeed. These criteria ensure that both parties meet their responsibilities before the transaction closes. One of the most typical conditions is buyer finance. Even with a written agreement, the buyer is not required to buy if they cannot get the finances. Financial institutions determine the buyer's creditworthiness and property value, which affects their mortgage application. Beyond finance, other conditions may include house inspections, title difficulties, or the buyer's property sale. Both sides are protected by these protections, which allow the buyer to exit without penalty if conditions aren't satisfied and reassure the seller that the buyer is serious.

Contingencies in Real Estate

Purchase and sale agreements frequently contain the following real estate contingent conditions:

Title

If the buyer doubts who owns the property, they can back out of the deal thanks to the title contingency. This contingency is crucial when a divorced seller's ex-partner remains a co-owner. The title firm may need a co-owner agreement to sell the property in such circumstances. If not approved, the deal may be impossible to close.

Inspection

The inspection contingency in a real estate transaction allows purchasers to hire a competent home inspector to check the property. This crucial stage reveals flaws and faults that a typical walkthrough may miss. If the inspection finds major issues, the buyer may be able to terminate the purchase, depending on the contract. This contingency protects purchasers against unexpected structural or mechanical faults. It allows them to make price modifications based on inspection results, guaranteeing openness and fairness in the homebuying process.

Financing

Real estate buyers can secure finance during the contingency. This contingent real estate acknowledges the hard loan process and the time banks require to assess buyer eligibility. The buyer can back out of the deal without being charged if they can't get credit or the terms aren't good. The buyer's ability to get the money is important for the agreement, so this option gives everyone freedom and security.

Appraisal

The appraisal contingency protects purchasers and lenders with a qualified house appraiser. The buyer can back out if the appraiser values the property lower than the agreed-upon price. The buyer may reopen negotiations with the seller or proceed with the purchase despite the risk of overpaying. Buyers using finance must navigate the appraisal gap to comprehend the contingency. Buyer-lender discussions may be needed when the appraised value is below the purchase price. This collaboration reduces the lender's risk of funding an expensive home. Effective appraisal management keeps all parties informed and protected during the real estate transaction.

Pending

In real estate, "pending" means all conditions have been satisfied, and the deal is ready to close. At this point, buyers and sellers may expect the terms to be met, moving beyond contingent status. More broadly, pending means waiting to be settled. This phrase implies expectation or awaiting resolution. The word is commonly used interchangeably with under contract, regardless of contingent vs pending status. Sometimes, pending means a property is being sold, irrespective of whether specified requirements have yet to be met. Real estate vocabulary is sophisticated, and precise terminology is needed to express a property's position in the constantly changing environment of a real estate transaction.

Types of Pending Statuses

Some possible pending listing statuses are as follows:

Short Sale

A short sale is when a homeowner sells their house for less than the mortgage sum to avoid foreclosure. Lender permission is required to accept a lower payback. While awaiting permissions, the property is usually listed as "pending - short sale." This indicates that the seller has accepted an offer, but the lender's approval of the decreased payout is required to complete the deal, highlighting the complexity of short-sale discussions.

Taking Backups

The real estate market "Taking Backups" indicates that the sellers have accepted an offer but are open to backup offers if the primary offer fails. It lets buyers express interest and be a backup plan if the initial deal fails.

No Show

In real estate, "no show" means the seller is no longer available for showings or offers. This condition usually occurs when sellers are certain the sale will close. It signals the sellers' confidence that the arrangement will succeed by pausing property promotion and showings. The "no show" label indicates that the sellers believe no more buyer interest is needed and expect a smooth and speedy real estate transaction.

More Than 4 Months

When a real estate listing says "More Than 4 Months," the property has been pending longer than usual. The process may take longer due to unexpected delays, unresolved contingencies, or administrative errors by the real estate broker updating the status to "sold" after the sale is completed. This categorization may affect buyers and sellers. Buyers may ask about any concerns or complications underlying the extended pending status. To ensure transparency and correctly portray the property's status in the dynamic real estate market, sellers may want to address and correct listing status errors immediately. The "More Than 4 Months" mark emphasizes the fluidity of real estate transactions and the significance of current information for all parties.

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