Contingent vs. Pending: What Does Contingent Mean in Real Estate?

Real estate transactions can be confusing, especially when it comes to terminology. One area of confusion is the difference between “contingent” and “pending” sales.

While these terms might seem similar, they have distinct meanings in the real estate industry.

The following content will clarify the differences between contingent and pending sales.

Understanding these nuances is essential for making informed decisions and avoiding headaches during the transaction process, regardless of whether you’re a first-time buyer or an experienced investor.

Contingent Sales

When a property is marked as “contingent,” the sale is not yet final and depends on certain conditions being met. In other words, the sale is contingent on some specific event or condition.

Defining Contingent Sales

In the real estate industry, a contingency is a clause in a sales contract that makes the sale contingent on certain conditions being met. These conditions include anything from inspections and appraisals to financing and selling the buyer’s home. The sale may only go through if any of these contingencies are met.

Types of Contingencies

Here are some examples of common contingencies that may be included in a real estate contract:

• Inspection Contingency: The inspection contingency allows the buyer to hire a professional inspector to evaluate the property’s condition. If any significant issues are found during the inspection, the buyer may be able to renegotiate the terms of the sale or back out of the deal altogether.
• Financing contingency: This contingency makes the sale contingent on the buyer being able to obtain financing for the property. The sale may only go through if the buyer can secure financing.
• Appraisal contingency: This contingency makes the sale contingent on the property appraising for at least the agreed-upon purchase price. If the property does not appraise for the agreed-upon price, the buyer may be able to renegotiate the terms of the sale or back out of the deal altogether.
• Sale contingency: This contingency makes the sale contingent on the buyer selling their current home before closing on the new property. If the buyer cannot sell their current home in time, the sale of the new property may not go through.

What Happens If a Contingency Is Not Met?

If a contingency is not met, the sale may not go through. For example, suppose the inspection contingency reveals significant issues with the property that the buyer is unwilling to accept. In that case, the buyer may be able to back out of the deal altogether.

Alternatively, the buyer may be able to renegotiate the terms of the sale to address any issues uncovered during the inspection. Similarly, the sale may only go through if the financing contingency is met and the buyer can secure financing. Sometimes, the seller can offer alternative financing options to help the buyer secure the necessary funding.

Pending Sales

When a property is marked as “pending,” the sale is in the final stages and will likely close soon. In other words, all contingencies have been met, and the sale is pending final approval.

Defining Pending Sales

A pending sale refers to a property with an accepted offer and all contingencies that have been met. The transaction is in the final stages of completion, and the sale is expected to close soon.

Why May a Sale Be Pending?

Even if all contingencies have been met, a sale may still be pending for various reasons. For example, there may be delays in obtaining the necessary paperwork or signatures or outstanding issues with the title that need to be resolved before the sale can close. In some cases, other parties may be involved in the transaction, such as banks or third-party service providers, whose actions may be causing delays.

Examples of Situations That May Cause a Sale to Be Pending

Here are some examples of situations that may cause a sale to be pending:

• Title issues: If there are any issues with the property’s title, such as liens or disputes over ownership, the sale may be delayed until these issues can be resolved.
• Delays in paperwork: If there are delays in obtaining the necessary paperwork or signatures, such as loan documents or disclosure forms, the sale may be delayed until these documents can be obtained.
• Appraisal issues: Even if the appraisal contingency has been met, there may still be issues with the appraisal that need to be resolved before the sale can close. For example, the appraisal may have been lower than expected, and the buyer and seller may need to renegotiate the terms of the sale.
• Third-party delays: If third-party service providers are involved in the transaction, such as banks or title companies, their actions may be causing delays in the closing process. For example, the loan approval process may need to be completed on time if the buyer obtains financing.

While contingent sales depend on certain conditions being met, pending sales are in the final stages of completion and are likely to close soon.

Understanding these terms and the situations that may cause a sale to be pending, buyers and sellers can confidently navigate the transaction process.

Comparison of Contingent vs. Pending Sales

Regarding real estate sales, “contingent” and “pending” are two terms often used interchangeably, but they actually have different meanings. Let’s compare the two and highlight their similarities and differences.

Side-by-Side Comparison

To better understand the difference between contingent sales and pending sales, let’s take a look at them side-by-side:

Similarities and Differences

While contingent and pending sales are similar in that they both involve a buyer who has made an offer on a property, the main difference lies in fulfilling contingencies. A contingent sale means that certain conditions must be met before the sale can be finalized, while a pending sale means that all contingencies have been satisfied and the sale is waiting to close.

Another critical difference is that a contingent sale usually means the property is still technically on the market. In contrast, a pending sale means the property is off the market, and the seller is not accepting any other offers. Additionally, in a contingent sale, the buyer may still be able to back out of the sale if the contingencies are not met. In contrast, the sale is typically final in a pending sale, and the buyer cannot back out without incurring penalties.

Buyers and sellers must understand the differences between contingent and pending sales. It can help avoid confusion during the transaction process and ensure everyone is on the same page.

Navigating Real Estate Transactions: Contingent vs. Non-Contingent Sales

Navigating a real estate transaction can be daunting, especially for first-time buyers or sellers. There are many steps involved in the process, and it’s essential to understand each step to ensure a smooth and successful transaction.

One important aspect of navigating real estate transactions is understanding the difference between contingent and non-contingent sales. A contingent sale depends on certain conditions being met, while a non-contingent sale means that the sale is not dependent on any conditions being met.

Navigating a contingent sale can be more complex, as additional steps are involved in meeting the contingencies before the sale can proceed. That is why it’s essential to have a knowledgeable real estate agent or attorney to help guide you through the process.

Expert Tips

Here are a few expert tips on navigating real estate transactions with contingent and non-contingent sales:

1. Work with an experienced real estate agent who can guide you through the process and help you understand the implications of contingencies.
2. If you are a seller, consider carefully which contingencies you are willing to accept and which you are not. It will help you avoid unnecessary delays and complications in the transaction process.
3. If you are a buyer, carefully review any contingencies included in the contract and make sure you fully understand the implications of each one before signing.
4. Be prepared to negotiate. Real estate transactions can involve a lot of back-and-forth negotiations, especially when it comes to contingencies. Work with your agent to develop a negotiation strategy that meets your needs.
5. Stay organized. Real estate transactions can involve a lot of paperwork and deadlines, so staying organized and keeping track of all the details is essential. Use a checklist or spreadsheet to keep track of important dates, documents, and tasks.

By following these expert tips, you can confidently navigate real estate transactions, whether they involve contingent or non-contingent sales.

Key Takeaways

Now that we’ve explored the differences between contingent and pending sales, these terms are not interchangeable in real estate. Here are some key takeaways:

• A contingent sale is one where certain condition must be met before the sale can be finalized, while a pending sale is one where all contingencies have been satisfied, and the sale is waiting to close.
• Contingencies can take many forms, such as inspections, appraisals, or loan approvals, and failing to meet a contingency can result in the termination of the sale.
• Even if all contingencies have been met, a sale can still be pending if there are other issues to resolve, such as title or deed problems.
• Buyers and sellers must understand these terms to navigate the real estate transaction process smoothly and avoid unexpected complications.

To ensure a successful real estate transaction, work with a qualified real estate agent or attorney who can guide you through the process and help you understand the legal implications of contingencies and pending sales.

With these insights in mind, you should be well-equipped to navigate the world of real estate and make informed decisions about your property transactions.

FAQs

What does it mean when a sale is listed as “contingent”?

A contingent sale means certain conditions must be met before the sale can be finalized. These conditions are typically outlined in the purchase agreement or contract and may include satisfactory inspection, appraisal, or loan approval. The sale may be terminated unless one or more contingencies are met.

What does it mean when a sale is listed as “pending”?

A pending sale means that all contingencies have been satisfied, and the sale is waiting to close. It typically means that the buyer has secured financing, completed any necessary inspections, and agreed to the purchase contract terms. The sale will usually close within a few weeks of going pending.

What happens if a contingency is not met in a real estate transaction?

If a contingency is not met, the sale may be terminated. For example, suppose a home inspection reveals significant issues that the seller is unwilling or unable to address. In that case, the buyer may be able to cancel the sale or renegotiate the contract terms. Alternatively, the seller may be able to find another buyer willing to accept the conditions of the contingency.

Can a sale be pending if contingencies still need to be met?

A sale can only be pending if contingencies have been met. A sale is considered pending only if all contingencies have been satisfied and the sale is waiting to close. If any contingencies remain outstanding, the sale is still considered contingent.

What should buyers and sellers know about contingencies and pending sales?

Both buyers and sellers must understand the implications of contingencies and pending sales in a real estate transaction. For buyers, contingencies provide a way to protect their investment and ensure they are not taking on any unforeseen risks. For sellers, contingencies can create uncertainty and delay in the sale process, so it’s essential to be aware of the potential contingencies that buyers may request and address them promptly. Understanding contingent and pending sales can help buyers and sellers navigate the transaction process more smoothly and avoid surprises.