Contingent vs Under Contract: What’s the Difference and Can You Still Make an Offer?

“Contingent” and “under contract” both mean the seller has accepted an offer. “Contingent” usually means the deal still has conditions to clear, like an inspection or financing, and the home may still be shown to buyers who want to make backup offers. “Pending” usually means the home is off the market. “Under contract” is a general phrase, and the label you see on a listing depends on the local MLS. In Colorado’s REcolorado system, “Under Contract” is another name for Pending.

The rest of this guide covers what each status means and how MLS labels differ. It also covers what buyers and sellers can do while a deal is in progress.

Key takeaways

• Contingent, under contract, and pending all mean the seller accepted an offer.
• Contingent usually means conditions are still open and the seller may take backup offers.
• Each local MLS sets its own labels. In REcolorado, Under Contract and Pending are the same status.
• Read on to see when a backup offer on a contingent home is worth making.

What does contingent mean in real estate?

A contingent listing has an accepted offer, but the sale depends on certain conditions being met before closing. Those conditions are called contingencies. Either side can ask for them, and they are written into the contract.

Common contingencies include:

• Inspection. The buyer can raise problems found during the home inspection and ask for repairs or terminate. In Colorado this step is handled through an inspection objection.
• Appraisal. The deal depends on the home appraising at or near the price.
• Financing or loan. The buyer has to get final loan approval.
• Sale of the buyer’s home. The buyer has to sell their current home first.

Until these conditions are met or waived, the deal can still fall apart. That’s why buyers keep watching contingent listings. Our guide to how often contingent offers fall through covers the common reasons. For a closer look at the listing status itself, see what active contingent means.

What does under contract mean?

A home is under contract once the buyer and seller have both signed a purchase agreement. That’s all the phrase means. It doesn’t say whether contingencies are still open.

A deal can be under contract and contingent at the same time. A deal can also be under contract with no contingencies, for example when a buyer offers to buy the home as-is with no inspection or financing conditions. Deals without contingencies are less likely to fall apart, because the buyer has given up the usual ways to exit the contract.

For more detail on the term itself, read what under contract means in real estate.

How MLS systems label these statuses

The status you see on a listing site comes from the local multiple listing service (MLS). Local MLSs map their statuses to a national data standard set by RESO, the Real Estate Standards Organization.

• RESO “Active Under Contract”: The RESO Data Dictionary defines this as an accepted offer on a listing that is still on the market. RESO lists “Contingent,” “Accepting Backup Offers,” “Backup Offer,” and “Active With Accepted Offer” as other names for the same status.
• RESO “Pending”: In the RESO StandardStatus definitions, Pending means an offer has been accepted and the listing is off the market.

Local MLSs then choose their own labels. Two examples:

• Colorado (REcolorado): The Denver-area MLS says in its Pending status policy that when a seller accepts an offer, the listing moves to Pending, “also referred to as Under Contract.” In REcolorado, Under Contract and Pending mean the same thing.
• California (CRMLS): The CRMLS listing status definitions use “Active Under Contract” when the seller wants backup offers or the sale needs third-party or court approval. CRMLS uses “Pending” when the seller isn’t soliciting more offers.

So “under contract” on a Colorado listing can mean something different from “Active Under Contract” on a California listing. Real estate websites pull status data from these MLS feeds, which is why labels can look inconsistent from one market to the next.

Where does pending fit?

Pending generally means the seller accepted an offer and the home is no longer actively on the market. Pending does not always mean every contingency has been met. That depends on the MLS.

In REcolorado, a listing goes to Pending once both parties have signed the contract. The trigger is the signed contract, so contingencies may still be open. REcolorado’s policy also says:

• Agents should update the status within three business days after both parties sign.
• The timing doesn’t depend on when the earnest money arrives.
• Days in MLS stop counting while the listing is Pending.
• If the contract falls through, the listing goes back to Active.

For a side-by-side look at these two statuses, see our guide to contingent vs pending sales. For more on what happens during this stage, read what pending means in real estate.

Contingent vs under contract vs pending: comparison table

Status	Offer accepted?	Still marketed / showings?	Backup offers?	What it usually signals
Contingent / Active Under Contract (RESO)	Yes	Usually yes, the listing stays on market	Often yes	Conditions are still open and the seller may want a backup buyer
Pending (RESO)	Yes	Usually no, the listing is off market	Sometimes	The deal is moving toward closing
Under Contract (REcolorado)	Yes	Marketing can continue, and showings can continue if the seller accepts backups	Allowed if the seller chooses	Same as Pending: a signed contract, with contingencies possibly still open
Under contract (general phrase)	Yes	Depends on the local MLS label	Depends on the seller	A signed purchase agreement, with or without contingencies

Can you still make an offer on a contingent or under contract home?

Often, yes. Ask your agent to contact the listing agent and confirm the status, because the label alone won’t tell you everything. Some sellers stop taking offers once they’re under contract. Others want a backup offer in place.

How backup offers work

A backup offer is a signed offer that moves into first position only if the current deal ends. Keep these points in mind:

• The seller is still bound to the first buyer. They can’t drop the primary contract just because your offer is better.
• A strong backup can change the negotiation. A seller with a solid backup may be less flexible on repair requests from the first buyer, and that can make the first deal more likely to end.
• A weaker backup may get little attention. If your offer is lower or has more conditions, the seller may not want to negotiate with you while they already have a buyer.

When a backup offer makes sense

A backup offer is worth considering when you really want this home, the current deal still has open contingencies, and you’re comfortable waiting while you keep looking at other homes. If you’d rather not commit, you can set an alert and watch for the listing to go back to Active.

If you’re the seller: what to expect after accepting an offer

Once you accept an offer, here is what typically happens, using REcolorado as the Colorado example:

• Status change. Your agent should move the listing to Pending (Under Contract) within three business days after both sides sign.
• Showings and marketing. If you’re accepting backup offers, showings can continue. Marketing can also continue while the listing is Pending.
• Days in MLS. The count pauses while the listing is Pending.
• If the deal ends. The listing returns to Active.

While contingencies are open, expect the inspection stage to be the busiest part. Our guide to what fixes are mandatory after a home inspection can help you prepare for repair requests.

Frequently asked questions

If you’re tracking a home that just went contingent or pending, a local agent can check its real status and tell you whether a backup offer makes sense.