
In an under contract option pending scenario, the seller has accepted an offer, but the buyer has not yet removed their contingencies, which can lead to a 10-15 day extension of the closing date.
The buyer typically has 10-15 days to remove contingencies, which can include financing, inspections, and appraisals.
If the buyer fails to remove contingencies within the given timeframe, the seller can terminate the contract and keep the deposit.
The seller can also try to negotiate with the buyer to extend the contingency removal deadline.
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What is Under Contract?
So, what does "under contract" mean in the context of real estate? It's a status that indicates a property is in the process of being sold, but the sale hasn't been finalized yet.
The seller has accepted an offer from a buyer, and both parties have agreed on the terms of the sale, but the contract hasn't been signed yet. This can happen if the seller needs to review the terms or if the buyer wants to secure financing.
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The contract is usually signed after the inspection period, which is typically 10-14 days, and allows the buyer to inspect the property for any potential issues. If the inspection reveals any major problems, the buyer can try to negotiate with the seller to fix them or walk away from the deal.
The contract is usually signed after the inspection period, which is typically 10-14 days, and allows the buyer to inspect the property for any potential issues.
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Understanding Contingencies
A real estate contract is a complex document that outlines the terms and conditions of a sale. It's a minefield, with huge sums involved and a real risk of legal ramifications, so it's best to consult with an experienced real estate professional or attorney.
Contingencies are conditions that must be met for a real estate transaction to proceed to the sale stage. They allow parties involved in a contract to back out if the conditions are not met.
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The most important contingencies for real estate purchase contracts include appraisal, inspection, financing, and title contingencies. These contingencies must be met before the sale can proceed.
An appraisal contingency protects buyers by ensuring the selling price does not exceed the property's worth. If the property does not appraise for the amount specified in the contract, the buyer can negotiate with the seller to lower the price or terminate the contract.
Inspection contingencies are another common type of contingency. They require the home to pass an inspection without significant issues. If issues are found, the buyer can negotiate with the seller to repair or lower the price.
Financing contingencies are also crucial. They require the buyer to secure financing by a specified date. If the buyer is unable to secure financing, they can back out of the contract.
Title contingencies ensure the property has a clear title. If issues are found with the title, the buyer can negotiate with the seller to resolve the issue or back out of the contract.
Understanding the different types of contingencies is essential for navigating the home-buying or selling process. By familiarizing yourself with these terms, you can make more informed decisions and better manage your real estate journey.
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Making an Offer
The buyer's formal offer to the seller includes the proposed price, contingencies, and desired terms of the transaction.
The seller then has the option to accept, reject, or counter the offer. It's a crucial step in the home-buying process, and it's essential to get it right.
If the seller accepts the offer, the property is considered 'under contract,' indicating an agreement between the buyer and seller. This means the sale is pending and is not yet finalized.
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Making an Offer on a House
The process of making an offer on a house is straightforward, but it's essential to understand the key components involved.
The offer includes the proposed price, which is the amount the buyer is willing to pay for the property. This price is negotiable and can be influenced by various factors, such as the property's condition, location, and market value.
The buyer must also include contingencies in the offer, which are conditions that must be met before the sale can proceed. Contingencies can include financing, inspection, and appraisal.
The seller then has the option to accept the offer, reject it, or counter it with a different price or terms. If the seller accepts the offer, the property is considered "under contract", indicating an agreement between the buyer and seller.
It's crucial for the buyer to have a mortgage pre-approval before making an offer, as this provides proof of their ability to secure funding for the agreed-upon price. Without a pre-approval letter, the seller may be hesitant to accept the offer.
Active & Backup Offers
A property is considered Active Under Contract when a buyer and seller have agreed on the contract terms, and the property is no longer available for new offers.
At this stage, the buyer actively pursues the necessary steps to close the deal, such as inspections, financing arrangements, and fulfilling contingencies.
Backup offers can come into play, but in most cases, a property's pending status indicates that all contingencies and conditions have been met, and it generally doesn't accept backup offers.
However, under-contract homes may consider backup offers, adding further dynamics to the transaction.
Here are some key differences between Active Under Contract and pending status:
- Pending homes typically don't accept backup offers, while under-contract homes may consider them.
- A property's pending status indicates that all contingencies and conditions have been met.
- Active Under Contract status indicates that the transaction is progressing, and the buyer has actively taken steps to move toward closing.
It's essential to note that the distinction between pending and under contract can vary in practice, and it's always best to consult with a real estate agent or professional for the most up-to-date information regarding specific transactions.
Negotiation and Risk
Buyers can use contingencies to negotiate terms and conditions, such as the price, if conditions are not met. This can be a powerful tool in their favor.
Contingencies provide negotiation leverage for both buyers and sellers. Buyers can use them to negotiate a lower price, while sellers can use them to require a higher price if the buyer fails to meet the specified conditions.
A seller can set any price for a property they own, which can be more than what it is worth. Since buyers are not real estate professionals, they might not know the real worth of a property and might agree to pay above fair market value.
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Buyers can mitigate risks by including contingencies that allow them to legally exit deals if conditions are not met. This can include contingencies for property defects or the sale price not matching its fair value.
The distinction between pending and under contract can vary in practice. However, in general, a property's pending status indicates that all contingencies and conditions have been met.
Here are some key risks to be aware of during the pending and under-contract stage:
- Financing issues: Buyers may face challenges securing financing, which can delay or jeopardize the transaction.
- Inspection concerns: Discoveries during inspections can lead to renegotiations or the buyer withdrawing from the deal.
- Appraisal discrepancies: If the property's appraised value is significantly lower than the agreed-upon price, the buyer may struggle to secure financing.
Transaction Process
The transaction process can be complex, but understanding the basics can help you navigate it with ease. A property typically transitions to "pending" status after several steps are completed, including making an offer, signing a contract, and meeting contingencies.
The buyer must secure financing by a specified date, and the property must appraise for a certain value, pass an inspection without significant issues, and have a clear title.
Once these conditions are fulfilled, the property transitions to "pending" or "pending close", and the transaction moves into the escrow phase. This phase involves finalizing all details before the sale is officially closed.
In some cases, a property may remain in contingent status for an extended period, as the buyer actively pursues the necessary steps to close the deal.
How Transactions Work
To understand how transactions work, you need to know that making an offer is the first step in the process. This is typically done in writing, with the buyer specifying the price they're willing to pay and any conditions they'd like to include.
The seller will then review the offer and decide whether to accept it, reject it, or make a counteroffer. If the seller accepts the offer, both parties will sign a contract outlining their obligations.
The contract will include contingencies, which are conditions that must be met before the sale can proceed. Common contingencies include obtaining financing, passing inspections, and appraising the property at a certain value.
Once the contingencies are met, the property transitions to "pending" or "pending close", and the transaction moves into the escrow phase. This phase involves finalizing all details before the sale is officially closed.
It's essential for buyers to get pre-approved for a loan before making an offer, as this helps ensure that the financing will go through. Sellers should only accept buyers who have a mortgage pre-approval.
A property can be marked as Active Under Contract, indicating that a buyer and seller have agreed on the contract terms and the property is no longer available for new offers. However, the deal is not yet final, and certain conditions must still be met before the property can move to a pending status.
Parties Involved in a Transaction
In a standard real estate transaction, three parties are typically involved. The buyer is the individual or entity interested in purchasing the property, while the seller is the current owner looking to sell.
The mortgage lender provides the funds for the buyer’s purchase through a loan.
These three parties work together to facilitate a smooth transaction.
Active vs. Passive
Active under contract is a status that occurs when a home offer has been accepted, but there are still conditions and contingencies that must be met.
This status is a crucial step in the home buying process, as it indicates that the sale is moving forward, but there's still work to be done.

A home is considered active under contract when all parties have agreed to the terms, but the deal hasn't yet closed.
The difference between active under contract and pending is that pending typically comes after active under contract, when all conditions have been met and the house is nearing closing.
The only guarantee for closing on a home sale is when you reach that very day, so even in a pending status, there are still no absolute guarantees that the home will close.
There's a big difference between being active under contract and having a home sale that's pending, so it's essential to understand the nuances of each status.
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Contingency Management
Contingency management is a crucial aspect of navigating an under contract option pending scenario. Every real estate deal is a minefield, involving huge sums and a real risk of legal ramifications.
Consulting with an experienced real estate professional or attorney is essential for understanding the exact clauses and contingencies to include in a contract. Buyers should carefully review and understand any contingencies outlined in the contract.
The two most common contingencies in real estate contracts are inspections and a mortgage contingency. Inspections allow the buyer to back out of the contract under specific circumstances, such as unsatisfactory home inspections or issues with financing.
Buyers should work closely with their agents to meet all contingencies within the specified timelines. Navigating these contingencies and inspections efficiently is essential in keeping the transaction on track.
Sellers must be prepared for inspections and promptly address any necessary repairs or modifications. A real estate contract typically includes contingencies and conditions that must be fulfilled for the transaction to proceed.
Buyer and Seller Tips
As a buyer, being under contract can be a nerve-wracking experience, but staying organized and informed can make all the difference. Stay in close communication with your real estate agent, as they can provide guidance and updates throughout the process.
Your agent can help you navigate any challenges that arise, so don't be afraid to reach out with questions or concerns. Be proactive with inspections and contingencies, scheduling timely inspections and responding promptly to any contingencies to keep the transaction moving smoothly.
Documenting everything is also crucial, as it ensures transparency and avoids misunderstandings. Keep thorough records of all communication, agreements, and documents exchanged during the pending and under-contract stage.
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Buyer and Seller Protection
As a buyer, you want to ensure that you're protected in case something goes wrong during the home-buying process. Contingencies provide time to conduct due diligence on properties and make informed decisions.
Buyers can inspect properties thoroughly and assess their condition before finalizing the purchase, avoiding surprises or unforeseen issues after closing. This is especially important, as a buyer can lose the earnest money deposit if they default on the contract.
The earnest money deposit can range from 1% to 10% of the sale price, depending on the state of the market. Buyers can protect themselves against losing this deposit by including contingencies in the contract that allow them to terminate the contract legally.
Contingencies also protect sellers by providing them with monetary compensation or legal recourse in case the buyer fails to meet the stipulated conditions. These conditions can relate to a buyer's ability to secure financing, obtain a satisfactory home inspection, or sell their existing property.
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Here are some key things to keep in mind about contingencies:
By understanding how contingencies work, you can ensure a smoother home-buying process and protect yourself and your investment.
Selling Tips
As a seller, you're probably eager to see your property sold and the transaction go smoothly. Respond promptly to buyer's requests and inquiries to build trust and keep the transaction progressing smoothly.
Maintaining the property in good condition is crucial, so continue to do so as agreed to during negotiations. This will also prepare you for any potential inspections or appraisals that may occur.
It's essential to stay informed about the progress of the buyer's financing and monitor the fulfillment of contingencies outlined in the contract. This will help you anticipate any potential issues and address them promptly.
A knowledgeable and experienced Realtor can make a huge difference in the selling process. They can guide you through the process, provide valuable insights, and help you make informed decisions.
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Market Status Overview
Knowing the status of a home can be confusing, but understanding the difference between under contract, contingent, and pending can give you peace of mind.
A property marked as Active Under Contract means a buyer and seller have agreed on the contract terms, and the property is no longer available for new offers.
The buyer actively pursues the necessary steps to close the deal, such as inspections, financing arrangements, and fulfilling contingencies. However, the deal is not yet final, and certain conditions must still be met before the property can move to a pending status.
In real estate transactions, a stage known as the Active Under Contract status plays a significant role in the buying and selling process. This status indicates that the transaction is progressing.
The length of time a home remains in contingent status can vary from transaction to transaction. It's essential to note that contingencies may still need to be fulfilled for the contract to proceed.
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Active Under Contract and pending are similar statuses in real estate, but they communicate two separate statuses. Active under contract is when a home offer has been accepted but there are still conditions and contingencies that must be met.
A property is considered 'under contract' when the seller accepts a buyer's offer, and a legally binding contract has been signed. However, certain conditions, also known as contingencies, may still need to be fulfilled for the contract to proceed.
Understanding the meaning of these statuses can help you navigate the market better and make informed decisions when buying or selling a home.
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Final Considerations
If a buyer has a mortgage pre-approval, it's essential for sellers to accept them. Without proof of a pre-approval letter, there's no way to know if a buyer is qualified to purchase.
It doesn't take long for a buyer to get pre-approved for a loan. This can give sellers peace of mind that the buyer is serious about purchasing the property.
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If a home is under contract, it means there's an accepted offer, but there's still time to put in a competing bid. The seller can still accept other offers, and the buyer can still back out if a home inspection turns up an issue.
A contingent designation means a home sale is in limbo until certain criteria are met. The sale can't move forward until the buyer or seller fulfill agreed-upon expectations.
The contingency period is typically 30 to 60 days. If the parties meet contingencies, the sale moves forward. If not, it falls through.
Here's a summary of the key differences between under contract and pending:
Frequently Asked Questions
Why is my option contract pending?
Your option contract is pending because it's currently in an option period, giving you the right to terminate. This period typically lasts 7-14 days, during which you can decide your next steps.
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