What Does Being ‘Under Contract’ Mean?

The term “under contract” means a buyer and seller have agreed to a home sale in writing. However, the deal isn’t final yet, and you might still have a chance to submit an offer on the house. Here’s what to know about signing on the dotted line.

Key takeaways

• A house is listed as “under contract” after a purchase offer is accepted, but before the sale is final.
• You may still be able to submit an offer even if a house is already under contract.
• If a house is listed as “pending,” it usually means the sale is in the final stages.

What does ‘under contract’ mean in real estate?

In real estate, a home is under contract when a buyer and seller have signed and dated a legal document to purchase a home. The written agreement provides details about both parties and the property being purchased, along with a breakdown of the price and costs involved in the transaction.

Once everyone signs the contract, they’re bound by law to follow the terms of that agreement. Sometimes the term “contingent” is used when referring to a home that’s under contract. That simply means there are certain conditions (“contingencies”) that must be met for the sale to move forward.

What does ‘active under contract’ mean?

The phrase “active under contract” means that the seller has accepted an offer, but is still accepting backup offers. If the sale falls through due to financing or contingency issues, the seller will consider offers in the backup pile.

Pending vs. under contract

When you’re house hunting, you may notice the words “contingent,” “under contract” or “pending” on the real estate listing. As a buyer, there are some important differences to understand about these terms:

• Under contract/contingent. A home listing with either of these statuses means there’s still a chance you could buy the home, since the seller and current buyer are still working through conditions in the contract. For example, if there’s an inspection contingency, the buyer could back out if the home inspection reveals problems that the seller isn’t willing to fix. Once the house goes back on the market, you can swoop in and make an offer.
• Pending. If a home sale is pending, the buyer has either made an offer with no contingencies or signed off on them. While there is a chance the deal could fall through on a financing contingency if the buyer’s mortgage is denied, you’ll more than likely need to continue your house hunt.

How contingencies affect a house that’s under contract

A signed purchase contract contains legal language and timelines that all the parties will need to be aware of. Contingencies give buyers and sellers a way to back out of a contract — if either party can’t satisfy a condition laid out in the contract, they have the right to negotiate the contract terms or cancel it. The most common contingencies involve inspections, home appraisals and financing.

Inspection contingencies

The home inspection contingency is probably one of the most important contingencies for homebuyers. During a time period that usually ranges between three and 14 days, a buyer can hire inspectors to check all the components of a home — from the roof to the foundation — to ensure they’re in good working order.

Some types of financing require specific inspections. For example, VA lenders require termite reports in parts of the country where wood-eating insects are common.

Appraisal contingencies

A home appraisal is typically required if the buyer is using a mortgage to finance their home purchase. A licensed professional appraiser compares the home’s features to similar homes in nearby neighborhoods to determine whether the home’s value supports the sales price. If it does, then the appraisal contingency is met.

If the appraised value comes in low, the buyer can pay the difference, ask the seller to reduce the price or cancel the contract.

Mortgage financing contingencies

Unless you have the cash to buy a home, you’ll probably need a mortgage financing contingency when you make an offer. The contingency needs to provide details about the type of mortgage you’re applying for, including the terms and timeline for providing proof that you’ve been approved for the loan.

The financing contingency gives you an out if your loan falls through without the risk of losing any upfront earnest money you paid. While that’s a benefit for buyers, some sellers may prefer cash-only offers to reduce the chance that a buyer’s financing could fall through.

 Learn more about minimum mortgage requirements.

Home sale contingencies

Buyers who are juggling the sale of their current home while also trying to buy a new home can protect themselves with a home sale contingency. While it’s a good strategy if you need extra time to sell your home, sellers may reject an offer that includes this contingency if they need a quick sale and don’t want to take the risk that your current home doesn’t sell.

 Learn more about how to sell and buy a house at the same time.

What not to do when you’re under contract for a house

If you’re under contract on a home, there are certain things you can do to help keep the deal on track, including:

• Avoiding large withdrawals and deposits. It’s a good idea to avoid making big purchases while the sale is being finalized, as it can affect your financing. The same goes for large, unusual deposits into your bank account.
• Not applying for new credit cards. Opening new credit cards while under contract can impact your final approval. It’s wise to avoid any significant changes to your finances until after you close on the home.
• Thinking twice before changing jobs. Your finances are under a microscope during the closing process, and that includes your employment situation. If you plan to get a new job while under contract, it’s important to consult with your lender first.

Can a buyer back out once they’re under contract?

Yes, under certain circumstances. Inspection, appraisal, financing and home sale contingencies give buyers a legal way to cancel a contract without losing any upfront money or facing consequences. However, there are also some less common scenarios where a buyer might be able to bail out of a purchase contract.

The buyer adds an attorney review clause. Local laws may allow a buyer to back out of a contract without penalty if they decide to cancel after it’s reviewed by a real estate attorney. In this scenario, the review period is typically three business days.

The title to the property isn’t transferable. If a title search uncovers problems that could affect your ownership of the home — such as unpaid contractor liens or property tax bills — the sale could be canceled if the seller can’t provide a clear title.

What happens if you breach a real estate contract?

If a buyer or seller decides to walk away from a contract, either party could be sued if they didn’t follow the contract terms when canceling. A breach of contract lawsuit could bring costly legal battles that may result in:

• Either the buyer or seller paying money damages
• The seller returning a buyer’s earnest deposit
• The buyer and seller completing a court-ordered home sale