Contingent vs Pending: What's the Difference?

The primary difference between a contingent versus pending status on a real estate listing is that a contingency indicates the sale is conditional upon certain factors, while pending indicates all contingencies have been met, and the sale is moving towards closing.

Below, we’ll compare a contingent offer to a pending sale and consider what they both mean for the buyer and seller.

What does contingent mean in real estate?

Contingent in real estate, also known as a contingent offer, means the seller has accepted the offer, but certain conditions must be met before closing the deal. If those conditions are not met, the sale will fall through, and the house will return on the market.

In a 2023 Zillow survey, 67% of buyers said their offer was contingent on the property passing a home inspection. Another 61% said their offer was contingent on successfully receiving mortgage financing for the home.

A contingency in real estate can refer to a type of contingency or a contingency status.

Common types of contingencies in real estate

Appraisal contingency

Appraisal contingencies protect the buyer from being contractually obligated to pay for a property that costs less or does not satisfy an appraised value. This allows the buyer to negotiate to a lower price or withdraw and retain their earnest money.

Inspection contingency

If the home inspection results in costly required repairs, the buyer can negotiate repairs or the asking price, or withdraw the offer.

Financing contingency

When there’s a financing contingency, the buyer is typically in the process of obtaining a mortgage loan to purchase the home. This contingency allows the buyer to withdraw the offer if they don’t get approved for a mortgage.

Title contingency 

Allows the buyer to withdraw their offer if the ownership of the property through the title examination discloses any legal issues or disputes that could affect the transfer of ownership

4 common contingent statuses

Contingent no-show: 

The seller has accepted the offer, and the property is no longer available for viewing.

Contingent continue to show (CCS): 

The seller has accepted the offer, but the property is still available to tour until the contingency is met.

Contingent kick-out clause: 

The seller has a contingent offer but can accept a new offer without a contingency. The buyer can waive their contingency to close the sale before a competing offer “kicks” them out of the deal.

Contingent short sale: 

The seller has accepted an offer below their remaining mortgage balance to close the sale in a short period of time, typically due to an upcoming foreclosure.

What does pending mean in real estate?

Pending in real estate, also known as a pending offer, means the seller has accepted the offer with no outstanding contingencies, and the listing is no longer active. However, the home will remain pending until all legal work is processed and the deal is officially closed. 

The real estate agents representing the buyer and seller typically establish the home’s pending status. Pending statuses may change over time to reflect pending sale issues or indicate whether the seller is fielding other offers.

4 common pending statuses

Pending taking back-ups

The offer is being completed, but the seller is still fielding backup offers. You may hear your agent refer to this as "active under contract". Sellers often do this in case the sale falls through at the last minute. 

Pending short sale

In response to foreclosure, short sale status indicates the offer is nearing completion, and the seller is unlikely to accept other offers.

Pending more than four months

This typically indicates an issue with closing the sale, in which case the seller may accept new offers. This may also occur if the real estate agent doesn’t list the home as sold after closing.

Pending no-show or do not show

Pending no-show or do not show statuses demonstrate the seller is no longer showing the property. In this instance, the buyer and seller are confident in closing the sale, as the transaction is almost complete.

Can I still make an offer on a contingent or pending home?

Homes with contingent and pending statuses mean the seller has accepted an offer — but neither indicates the sale is final. Homes with a contingent offer are waiting for specific conditions, while pending offers are still being processed. If there’s a home you want to make an offer on with a contingent or pending offer, you can still likely make a viable offer. 

If you’re interested in a home with a contingent or pending status, prequalification may help you make a competitive backup offer. See if you pre-qualify for your dream home with us at Zillow Home Loans.*

*An equal housing lender. NMLS ID#10287