When shopping for a home, you’ve likely come across listings marked as “contingent” and wondered what that means. Understanding “contingent” when it comes to housing is important because it protects the interests of the buyer and the seller throughout a real estate transaction. Let’s learn more about what it means when a house is contingent in real estate.
What Does It Mean When a House Is Contingent?
What is contingent in real estate? When you see a house listed as “contingent,” it means the seller has accepted an offer from a buyer, but the deal isn’t quite sealed yet. Think of it as a yellow light in the home-buying process. It’s not a complete stop, but a sign to proceed with caution.
In practical terms, contingent in real estate indicates that both parties have agreed on a price and signed a purchase agreement. That agreement comes with strings attached. These “strings” are specific conditions—called contingencies—that must be satisfied before the sale can be finalized. According to a recent survey, about 67% of recent home purchases included a contingency that the house pass a home inspection, showing just how common this practice is in the real estate market.
Here’s what happens when a house becomes contingent:
- The property remains technically “on the market,” though its status changes to contingent.
- The seller generally stops actively showing the property to other potential buyers.
- The buyer works to satisfy the contingencies within agreed-upon timeframes.
- The seller waits for contingencies to be cleared before moving toward closing.
While a contingent status means the seller has committed to a particular buyer, it doesn’t guarantee the sale will go through. If a buyer fails to meet the contingencies by the deadlines specified in the contract, the seller can cancel and put the house back on the market. Many sellers will continue accepting backup offers during this period as insurance against the primary deal falling through.
Common Types of Contingencies in Real Estate
Financing Contingency
This is perhaps the most common contingency in real estate transactions. A financing contingency (sometimes called a mortgage contingency) gives buyers time to secure funding for their purchase. It states that if the buyer can’t obtain mortgage approval within a specified timeframe—usually 30 to 60 days—they can walk away from the deal with their earnest money refunded.
Home Inspection Contingency
This contingency allows buyers to have the property professionally inspected and potentially renegotiate or walk away based on the findings. Typically, buyers have 7-14 days to complete inspections and request repairs or credits if issues arise.
The inspection contingency usually covers:
- Structural integrity
- Electrical systems
- Plumbing
- Roof condition
- HVAC systems
- Potential pest infestations
Appraisal Contingency
With an appraisal contingency, the sale depends on the property appraising for at least the agreed-upon purchase price. If the appraisal comes in low, the buyer has options:
- Renegotiate the price with the seller
- Make up the difference in cash
- Walk away with their earnest money intact
Sale of Existing Home Contingency
This contingency makes the purchase dependent on the buyer selling their current home first. It typically includes a timeframe (often 30-60 days) for the buyer to sell their existing property.
Title Contingency
This allows buyers to review the property’s title report and back out if serious issues are discovered. Title contingencies protect against:
- Undisclosed liens
- Boundary disputes
- Easement problems
- Other title defects
Contingent vs. Pending: What’s the Difference?
What Contingent Means
Contingent meaning on a house indicates that the seller has accepted an offer, but certain conditions must still be met before the sale can be finalized. The property remains technically active in the listing system, though with a modified status. During this phase:
- The contract is in effect, but not fully secured.
- Specific contingencies need resolution.
- The seller might still entertain backup offers.
- The buyer is working to satisfy all contingencies within contractual timeframes.
What Pending Means
When a listing moves from contingent to pending status, it signals progress toward closing. Pending means:
- All contingencies have been successfully met or waived.
- The deal is moving forward toward closing.
- The property is much less likely to return to the market.
- The seller generally no longer accepts new offers or showings.
Contingent vs. Pending at a Glance
Aspect | Contingent | Pending |
Status meaning | Offer accepted with conditions | Contingencies satisfied, moving to closing |
Likelihood of returning to market | Higher | Lower |
Potential for backup offers | More viable | Less viable |
Stage in transaction | Earlier | Later |
Time until closing | Typically longer | Usually shorter |
What Happens When Contingencies are Met?
When all contingencies in a real estate contract are successfully satisfied, buyers formally document each met condition by submitting contingency release forms. Both parties sign this to acknowledge these milestones. The property’s status in the Multiple Listing Service (MLS) changes from “contingent” to “pending,” signaling to the market that the sale is proceeding toward closing. The focus then shifts to preparing closing documents, scheduling the final walkthrough, and arranging for the transfer of funds and property ownership.
What Happens When Contingencies Aren’t Met?
If a buyer can’t fulfill contingency requirements within the specified timeframes, they must decide whether to ask for extensions, waive the contingencies despite unresolved issues, or exercise their right to exit the contract. Most real estate contracts are structured to protect buyers when contingencies aren’t met. This allows them to terminate the agreement and recover their earnest money deposit without penalty. For sellers, this situation means starting over—returning their property to active market status, resuming showings, and seeking new offers,/ This may delay their selling timeline by weeks or months.
At REMAX, our experienced agents guide clients through every aspect of real estate transactions, including contingencies. Contact your a REMAX real estate agent to take the first step toward your successful real estate transaction!