Pending vs Active Under Contract: What Listing Statuses Mean
In many US markets, active under contract means the seller has accepted an offer but contingencies such as inspection, financing, or appraisal are still open, so the deal could fall through and backup offers may be welcome. Pending usually means contingencies are resolved or waived and the sale is heading to closing. Exact definitions depend on the local listing service.
Why statuses exist
Multiple listing services track where each property is in the sale process so agents and buyers know what is available. Between active, meaning on the market with no accepted offer, and sold, meaning closed, there are intermediate statuses that describe how firm an accepted offer is.
Active under contract and contingent
These statuses usually mean the seller has accepted an offer that still depends on conditions being met. Common contingencies include a satisfactory home inspection, the buyer obtaining financing, the property appraising at or above the price, and sometimes the buyer selling another home. Until these are resolved, the deal can fall apart. Some markets keep such listings visible and allow showings so other buyers can submit backup offers.
Pending
Pending typically means the contingencies have been satisfied or waived and the parties are working toward closing. Deals can still fail at this stage, for example if financing collapses or a title problem appears, but it is less common. Many listing services stop showings and stop accepting backup offers once a listing is pending.
Other statuses you may see
- Contingent with kick-out clause: the seller can keep marketing and, if another acceptable offer arrives, give the first buyer a short window to remove a contingency or step aside.
- Under contract, no showings: the seller has accepted an offer and is not showing the property.
- Coming soon: listed but not yet available for showings.
- Withdrawn or temporarily off market: not currently for sale, though the listing agreement may continue.
What sellers should know
For sellers, choosing a status is partly strategy. Keeping a listing visible as active under contract can attract backup offers, which provide security if the first buyer's financing or inspection falls through. Moving to pending signals firmness and stops new interest. Your agent should explain local rules, since listing services require statuses to be updated accurately and promptly as the transaction progresses.
Common contingencies and their timelines
- Inspection: typically a short period after acceptance for inspections and repair negotiations.
- Financing: the buyer must secure loan approval by a set date.
- Appraisal: the property must appraise at or above the price, or the parties renegotiate.
- Home sale: the buyer must sell another property first.
- Title: the title search must show clear title.
The contract sets the deadlines; once each passes or is waived, the deal becomes firmer.
Statuses outside the US
Other countries use different terms. In England, for example, a property under offer or sold subject to contract has an accepted offer, but the sale is not legally binding until contracts are exchanged. Local terminology and the point at which a sale becomes binding differ, so check how the process works where you are buying.
What buyers should do
If you like a property that is active under contract or contingent, ask your agent to contact the listing agent about which contingencies remain, timelines, and whether the seller will accept a backup offer. A backup offer is a full offer that takes effect if the first deal fails. For pending listings, interest usually makes sense only if you can act quickly in case the deal collapses late.
Frequently asked questions
- Can I make an offer on an active under contract home?
- Often, yes, as a backup offer, depending on local practice and the seller's preferences. Your agent should ask the listing agent whether backup offers are being accepted and what contingencies remain. A backup offer becomes primary only if the first contract is terminated.
- How often do pending sales fall through?
- Less often than contingent ones, because the main contingencies have typically been satisfied, but it does happen, for example due to financing problems, title issues, or buyer changes in circumstances. Rates vary by market and conditions. If you are interested in a pending property, staying in touch through your agent is reasonable.
- Why do definitions differ between markets?
- Listing statuses are set by local or regional multiple listing services, which define their own categories and rules. One market's active under contract may be another's contingent or pending with showings. Ask a local agent or check the listing service's definitions for the area where you are buying.
- What does contingent mean on a house listing?
- Contingent usually means the seller has accepted an offer that depends on conditions, such as inspection, financing, appraisal, or the buyer selling another home. If a condition is not met by its deadline, the buyer may be able to withdraw. Some markets still allow showings and backup offers while a listing is contingent.
- Can a seller accept another offer while pending?
- Generally a seller under contract cannot simply accept another offer as primary without the first contract being terminated under its terms. They can accept a backup offer if the contract and local practice allow it. Legal obligations depend on the contract, so sellers should take advice before acting on other offers.
- Does active under contract mean I can still view the house?
- In many markets, yes: the listing remains visible and showings may continue so other buyers can make backup offers. Some sellers stop showings once under contract. Your agent can check the listing's showing instructions and ask the listing agent whether viewings and backup offers are possible.