Special offer

What Does Contingent Mean in Home Sales

By
Real Estate Agent with RE/MAX Executive Realty 91362

 

Understand What Contingent Means in Real Estate

Have you heard the term "contingent" when buying or selling a home and wondered what it meant? You will find the word contingent cropping up repeatedly when you sell your home. It can be used for financing, offers, appraisals, and more. But what does contingent mean, and how does it affect your home sale?

Contingencies are clauses where something has to happen for the sale to proceed. The buyer could leave the deal with their house deposit or earnest money returned if the contingency isn't met. Contingencies can delay your sale or send your home back onto the market in search of a new buyer.

As explained in the article above at Maximum Real Estate Exposure, in numerous multiple listing services across the country, agents can select from marking your home as "contingent" or "pending." These two terms could have different meanings depending on where you are located.

When selling your house, it is vital to understand these differences and how they can affect the marketing of your home. You should never underestimate nuances in real estate sales, as they can dramatically affect outcomes.

Let's review the contingencies you will likely face when selling your home.

Home Inspections

Most buyers will want a home inspection carried out to ensure they aren't buying a property with more problems than it's worth. If issues are found, and there are usually some issues, the buyer could use this to renegotiate the price.

They could even walk away if the repairs needed are too substantial. You might be asked to make repairs before they proceed, and this will slow down the sale. A home inspection contingency clause is generally no longer than two weeks long but usually around a week. The buyer will be asked at the expiration of said contingency to either move forward, request their deposit monies back, negotiate a credit, or ask the seller to make necessary repairs.

Mortgage Financing

Most buyers will be using a mortgage to finance their purchase. This can fall through at the last moment, with a financing contingency allowing the buyer to walk away if this happens. Often the buyer will need to seek a loan from another lender, leading to delays in the sale. Typical time frames for mortgage contingencies are four to six weeks from the offer contract being accepted.

Buyers will be asked to apply for a mortgage by a specific date and have their commitment within the accepted time frame.

Appraisals

Lenders like to know that the home is worth the amount their borrower is offering to buy the property. A home appraisal assessor finds the fair market value, and if they find it worth less than the offer, the lender might refuse the loan.

An appraisal contingency could lead to the sale falling through if the buyer can't make up the difference in this situation. Alternatively, they may want to renegotiate the price to meet the appraisal value.

Selling Their Home

A home sale contingency will leave the completion of your sale at the mercy of the buyer's sale. You could be left waiting for the buyer to find a purchaser, which could hold up the closing of your sale for a long time.

The risk of delay with the home sale contingency means that it is better to avoid this if you can. Instead, asking the buyer to return when they have accepted an offer from their buyer is a way to avoid this problem.

If you can continue to stay in contact with the buyer, perhaps checking how their home sale is progressing, you may not lose them as a buyer.

When you accept a home sale contingency, you are at the mercy of someone else getting their home sold. You lose complete control over the process. Are they going to price the home correctly? Did they hire an excellent real estate agent? By accepting a home sale contingency, you've made the conclusion of your home selling a risky proposition.

Negotiations

During the home selling process, most things are up for negotiation. If you don't like being bound by a contingency, you can negotiate for a better situation for your side of the deal or add your own contingency.

If the buyer wants you to accept a home sale contingency, you could make the arrangement more favorable by introducing a kick-out contingency or a right of first refusal clause. This would allow you to continue marketing your home, and if you find a buyer offering a better deal, cancel the previous contingent offer.

You can't simply drop the first offer if something better comes along. You will be required to give notice so that they can drop their contingency and buy the home if they can. If they fail to do this in the required timeframe - which may only be a few days - you can end their agreement and move on.

How to Avoid Contingencies?

If you have a pre-listing inspection carried out, you might be able to avoid a home inspection clause. Though buyers might still want to have their own inspection and still want the contingency as well.

Finding a cash buyer should remove a couple of contingencies since they don't need to go to a lender for a loan. There aren't usually many cash buyers to be found, however. You could approach an investment buyer, like an iBuyer or house flipper. This should give you a considerably faster property sale, though you might get less for your home.

As a seller, contingencies are a pain that can cause you many headaches and uncertainties. They mostly protect buyers and make selling your home more frustrating than it could be. For the most part, however, they are something you will have to put up with to get the best price for your home.

Final Thoughts on The Definition of Contingent

When selling your house, it is crucial to understand what it means for you if your agent marks your home in the multiple listing service as contingent. In some places, there is a difference in meaning between pending and contingent.

Lastly, remember that house deposits become at risk when real estate contracts are not followed. Always keep tabs on the various contingency dates in the contract and ask for extensions when needed.

Hopefully, you better understand the common contingencies you'll see in a typical real estate contract.

 

Posted by

With three decades of experience, Bill Gassett is an authority in the real estate sector. Bill writes informative articles for numerous prestigious real estate sites to help buyers, sellers, and fellow real estate agents. His work has been featured on RIS Media, the National Association of Realtors, Inman News, Placester, Realty Biz News, Credit Sesame, and his own authority resource, Maximum Real Estate Exposure. Reach out to Bill Gassett for his real estate, mortgage, and financial expertise.

Comments(21)

Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Good  morning, Bill Gassett as long as those contingencies can be satisfied, the closing will happen....

Sep 15, 2020 06:51 AM
Bill Gassett

Indeed Barbara. Lots of consumers don't know the subtleties that agents take for granted when it comes to real estate lingo.

Sep 15, 2020 07:01 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Bill - real estate is important vocabulary in a transaction and needs a local expert to interpret and understand.    

Sep 15, 2020 07:14 AM
Bill Gassett

True - we often assume people understand the lingo we don't give a second thought to.

Sep 15, 2020 10:34 AM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

Good explanation and varies from State to State often, so good to ask questions of your agent to make sure you understand the "nuances" as you say.

Sep 15, 2020 07:34 AM
Bill Gassett

Real Estate terms sure do vary based on location!

Sep 15, 2020 10:35 AM
Shannon Jones
The Shannon Jones Team - Long Beach, CA
Long Beach CA Real Estate

Great information on a very hot topic right now!

Sep 15, 2020 08:40 AM
Dario Ferreira
Attleboro, MA
Internet Marketing & SEO

Great post.
I've noticed that buyers ask this question a lot.

Sep 15, 2020 08:52 AM
Margaret Goss
@Properties - Winnetka, IL
Chicago's North Shore & Winnetka Real Estate

I know many people consider contingent and pending the same. In our area, a contingent home has not completed an inspection, attorney approval which is 5-10 days, and possibly the mortgage contingency which can be much longer.

After all that clears and the balance of the earnest money is paid, the home is pending. I'm sure there are different interpretatations of those two terrms in other areas.

 

 

Sep 15, 2020 09:09 AM
Bill Gassett

Very true Margaret. There are often suttle differences between the words contingent and pending. Agents should explain to sellers if there is a meaning full difference so they can make informed decisions.

Sep 15, 2020 10:36 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

Fair enough.... "contingency" is not really part of common speech, so quiet a few people don't know what it means.

We, as Realtors, use it all the time, and it's part of our Realtor-speak, we assume everyone understands... but they often don't.

Sep 15, 2020 10:27 AM
Bill Gassett

Exactly and far too many of us assume consumers understand the language we speak daily.

Sep 15, 2020 10:37 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Bill, contingencies?  What are those?  In this area, you don't see too many of them these days!

Sep 15, 2020 10:29 AM
Alan May

Mortgage contingency, inspection contingency?  C'mon, Patricia Kennedy, even in DC those things still exist. No?

Sep 15, 2020 12:29 PM
Bill Gassett

LOL - true in some markets they don't exist.

Sep 15, 2020 10:36 AM
Dan Hopper
Dan Hopper - Gold Way RE - Westminster, CO
Colorado Broker / Referral Services

What does Contingent mean?   Simply put... you do not have a fully executed contract until all contigencies have been satisfied or removed from the contract.

Sep 15, 2020 04:48 PM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

There are often contingencies! Here, if there are, the home is marked "Under Contract - Taking Backup Offers" or "Under Contract - with Bump Clause." If it's got no contingencies, it's listed as pending...

Sep 16, 2020 04:57 AM
Joe Jackson
Keller Williams Capital Partners Realty - Columbus, OH
Clintonville and Central Ohio Real Estate Expert

Contingencies are inevitable. But they ensure that the Real Estate process is followed and is according to what is right. 

Sep 16, 2020 05:52 AM
Erik Hiss
Keller Williams Capital Partners Realty - Worthington, OH
You can trust me for all your real estate needs!

Inevitable and necessary...not contingencies means there's a greater chance of someone getting taken advantage of.

Sep 16, 2020 06:21 AM
Kristin Johnston - REALTOR®
RE/MAX Platinum - Waukesha, WI
Giving Back With Each Home Sold!

Great information.  Thanks for sharing and have a wonderful day!

Sep 16, 2020 07:07 AM
Brian DeYoung
also affiliated with Berkshire Hathaway Home Services Heritage Realty - Ithaca, NY
The Realtor with personal investment background

frequent question from buyers.

I even have them ask what under contract means.

Sep 16, 2020 09:40 AM
Trish Cole
Veterans United Home Loans of Puget Sound NMLS#1907 - Puyallup, WA

Great information.  The more consumers are informed, the better.  Working with a professional,  and knowledgable, real estate broker is so important in this market.

Sep 16, 2020 09:46 AM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

Good explanation of contingent and pending.  Here we have a third status of Backup to throw into the mix.   But like yiu, once the contingencies have been met, the property should be marked pending.

Sep 16, 2020 12:11 PM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375

Bill Gassett  Lots of thorough info in this post.


I like Elyse's system. Many options...  I don't like using Contingency in listing info. Most times (around here anyway), it is that Financing hits a glitch. Never easy to explain that to Clients and even other Agernts who think there must have been something wrong on the inspection...
All the best - Lynn

Sep 16, 2020 09:06 PM
Lynn B. Friedman CRS Atlanta, GA 404-617-6375
Atlanta Homes ODAT Realty - Love our Great City - Love our Clients! Buckhead - Midtown - Westside - Atlanta, GA
Concierge Service for Our Atlanta Sellers & Buyers

Bill Gassett 
Lots of thorough info in this post.

I don't like using contingency in listing info. Most times (around here anyway), it is that Financing hits a glitch. Never easy to explain that to Clients and even other Agernts who think there must have been something wrong on the inspection...
All the best - Lynn

 

Sep 16, 2020 08:58 PM
Shirley Coomer
Keller Williams Realty Sonoran Living - Phoenix, AZ
Realtor, Keller Williams Realty, Phoenix Az

Thanks for some great explanations.  Most of our states and MLS' have various meanings, but it is always good to explain to buyers and sellers at the beginning of the process!

Sep 17, 2020 06:43 AM
Sham Reddy CRS
Howard Hanna RE Services, Dayton, OH - Dayton, OH
CRS

Thanks for sharing Bill...

When selling your house, it is vital to understand these differences and how they can affect the marketing of your home. You should never underestimate nuances such as these in real estate sales as they can have a dramatic effect on outcomes.

Sep 17, 2020 06:58 AM
Tom Bailey
Margaret Rudd & Associates Inc. - Oak Island, NC

Great explanation Bill! In NC we have all but eliminated contingency issues! Our contract calls for a Due Diligence period, and then a closing date.  Buyers pay a Due Diligence fee and earnest money deposit. During the DD period the buyer does inspections, sells a home, arrangement of financing, and any other things the may need to do before closing. The buyer must disclose in the contract that they have a home to sell. Both the DD money and earnset money apply to the purchase price. Once the DD money is paid it is gone forever! That also allows the buyer to walk away no questions asked up to 5PM on the DD day. After 5pm on the DD day the earnest money is gone no matter what. The only things that can save the earnest money is if the seller cannot provide clear title!

Sep 19, 2020 05:43 AM