Michael Yessis, Author at Semya-Moya https://semya-moya.ru/authors/michael-yessis/ Thu, 20 Jul 2023 22:28:24 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.2 https://semya-moya.ru/wp-content/uploads/2023/05/icon-96x96-1.png Michael Yessis, Author at Semya-Moya https://semya-moya.ru/authors/michael-yessis/ 32 32 What Is a Net Listing? https://semya-moya.ru/real-estate-blog/net-listing/ Wed, 08 Mar 2023 21:26:31 +0000 https://semya-moya.ru/net-listing/ Net listings are rare. They're also generally considered unethical and they're ripe for abuse.

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Net listing dangers | Net listing protections | Are net listings illegal?

A net listing is a rare type of agreement between a home seller and their real estate agent regarding the agent's compensation.

The seller agrees on a set amount they'll receive from the sale of their house.

The seller's agent agrees that the seller gets that amount from the sale of the house. But instead of earning a commission from the sale, as real estate agents typically do, the agent keeps any proceeds from the sale above the amount agreed to by the seller.

Net listings are rare because they're widely considered unethical and ripe for abuse. In many states, net listings aren't even legal.

» SELLING A HOUSE? Connect with a top-rated realtor in your area.

net-listing

The danger of net listings

An unscrupulous agent can put their interest before the seller's interest by using a net listing. Here's one possible scenario:

🗣️ An agent pitches the seller about using a net listing for their house.

💰 The agent proposes the seller will get $200,000 from the sale, and the agent will earn everything above that price. The typical buyer's agent commission also might get taken out.

How real estate commissions work

Real estate agents involved in a home sale usually collect a fee at the close of the transaction.

The commission is usually around 5-6% of the home's sale price, with the buyer's agent and seller's agent splitting the commission.

» READ MORE: What Is Realtor Commission?

🤝 The seller's in a hurry and may not understand the true value of their property. They agree to the $200,000.

📉 $200,000 turns out to be below market price.

🤑 The agent finds a buyer who pays $250,000.

💰💰💰 Instead of earning a typical 3% commission on the $250,000, or $7,500, the seller's agent pockets everything above $200,000. The agent's cut on the net listing: $50,000.

💸 The seller earns $194,000 — the agreed on $200,000, minus the buyer agent's 3% commission — on the net listing sale instead of $235,000.

👉 The crux: Using a net listing, the seller gets $41,000 less on their sale.

The agent's interest and the seller's interest in a net listing, as this example shows, aren't aligned.

» SELL FOR JUST 1.5%: Clever can negotiate low fees with top full-service agents nationwide.

The protections against net listings are strong

Net listings are banned for most real estate agents

The National Association of Realtors (NAR) forbids net listings for its members. Realtors can't include net listings on the Multiple Listing Service (MLS), the database of homes for sale used by real estate professionals.[1]

Because members of the NAR account for more than 1.4 million[2] of an estimated more than 2 million agents in the U.S.,[3] roughly 70% of real estate agents are effectively banned from using net listings.

Net listings are illegal in most states

Most states around the country have acted decisively against the practice.

Net listings, however, are legal in three notable states with large housing markets: California, Florida, and Texas.

Even in these states, however, net listings are used sparingly and with regulations.

Texas's take on net listings

Texas, for instance, stipulates that using a net listing agreement "places the broker’s interest above the principal’s interest with regards to obtaining the best possible price."[4]

In practice, a "broker may not enter into a net listing agreement unless the principal requires a net listing and the principal is clearly familiar with the current market values of real property."[5]

California's take on net listings

California's position on net listings is that "they can easily lead to a breach of the agent's fiduciary obligations and should be used only with highly sophisticated clients, or clients who are independently represented and, of course, with full disclosure of all of the conflicts involved."[6]

No matter which state you're in, an experienced agent can help you navigate the home-selling process and steer you toward an outcome that's in your best interest.

» NEED AN AGENT? Connect with a top-rated realtor in your area.

Article Sources

[1] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 5, 2021.
[2] National Association of Realtors – "Monthly Membership Report". Accessed March 5, 2021.
[3] HomeLight – "Here’s How Many Real Estate Agents There Are in The U.S.". Accessed March 5, 2021.
[4] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[5] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[6] California Department of Real Estate – "Agency introduction". Accessed March 5, 2021.

Related reading

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How Much Does it Cost to Stage a House? https://semya-moya.ru/real-estate-blog/how-much-cost-stage-house/ Sat, 18 Feb 2023 00:39:58 +0000 https://semya-moya.ru/how-much-cost-stage-house/ The cost of staging a house can be significant. But that's not the entire financial story of home staging.

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Home staging net return | Why home staging is effective | Home staging costs for common options | Other home staging costs | Determine your home staging costs | Virtual home staging cost

Home staging costs an average of $1,320, with the range for most stagings falling between $557 and $2,093.[7]

The staging costs for luxury homes and other houses with larger floor plans, however, can run up to $10,000.[8]

The cost of staging a house, as the numbers show, can be significant. But that's not the entire financial story. Sellers who stage their house to appear more attractive to potential buyers can also earn significant value in return.

» Need an agent to help with staging? A top-rated realtor in your area can help.

Staged Home

Home staging often nets more money than it costs

Real estate trade groups generally agree that staging — decorating and arranging a house to optimize its appeal to potential buyers — positions a house to sell for more than its list price.

» Read more: How to Stage a House to Sell

The Real Estate Staging Association's 2020 survey found that 85% of staged homes sold 5% to 23% over list price.

That's real money. A 5% over list price sale on a $270,000 house — the approximate average U.S. home value[9] — means an extra $13,500. A 23% over list price sale on a $270,000 house equals $62,100.

The National Association of Realtors (NAR) 2019 Profile of Home Staging[10] broke their findings down in more detail.

  • 22% of sellers’ agents reported a 1% to 5% boost in buyers' offers.
  • 17% of sellers’ agents reported a 6% to 10% boost in buyers' offers.
  • 4% of sellers’ agents reported a 11% to 15% boost in buyers' offers.
  • 2% of sellers’ agents reported a 16% to 20% boost in buyers' offers.
  • 0% of agents reported a negative impact of staging on a home’s dollar value.

Note: Percentage boosts are in comparison to similar homes that weren't staged.

Why home staging is effective


83% of buyers' agents said buyers can better visualize a property as their future home when it's staged, according to the National Association of Realtors (NAR) 2019 Profile of Home Staging. The NAR profile also suggests staging can:

⬆️ Increase the number of offers a seller receives.
⬆️ Increase the dollar amount of those offers.
⬇️ Decrease the days the house sits on the market.

Show more

None of the returns noted by the National Association of Realtors and the Real Estate Staging Association surveys are guaranteed, but staging's track record suggests a real possibility of a net return. That possibility just usually comes with upfront costs.

Home staging costs for common options

Important: Home stagers often require a three-month minimum staging contract, so costs can be multiples of what's listed below.

An experienced agent can help evaluate staging options and determine what kind of staging a house needs.

» Need staging guidance? Connect with a top-rated realtor in your area.

Other potential home staging costs

Staging often involves considerations beyond selecting and/or placing furniture and accessories. Sellers may also want to consider:

Painting the house

Painting the interior of a home by a professional costs an average of $1,750, with a range of $380 to $800 for an average size room (10' x 12').[11]

Painting the exterior of a home costs an average of $2,800.

👉 Why do it? Certain paint colors are considered the best options to attract buyers.

» READ: Best Paint Colors to Sell a House

Lighting the house better

Installing a new lighting fixture costs an average of $519[12] while it costs an average of $360 to install a single recessed light. A room with six recessed lights can run $2,160.[13]

👉 Why do it? Great lighting illuminates and showcases the best aspects of a home.

» READ: Should You Upgrade Your Lighting Before Selling Your House?

Refinishing parts of the house

Refinishing cabinets costs around $2,859[14] while refinishing a home's hardwood floors runs an average of $1,752.[15]

👉 Why do it? Cosmetic repairs like sprucing up cabinets and flooring can help stop a house from feeling tired, which turns off some potential buyers.

» READ: Should You Replace Your Cabinets Before Selling Your Home?

Cleaning the house

A professional maid service costs an average of $168.[16]

👉 Why do it? A clean environment makes buyers feel welcome and that they'd be getting a well-maintained house.

An experienced agent can help determine which, if any, of these staging suggestions a house may need.

» Find a great realtor: Connect with a top-rated agent in your area.

How to determine home staging costs for a specific property

The precise cost to stage a unique individual home depends on multiple factors, including:

👉 The location of the house. Rates for professional home stagers vary by region and markets within a region.

👉 Whether the house is occupied. If it's not, a seller will likely rent furniture and pay movers. If it is occupied, a seller may use their own furniture and, therefore, have fewer expenses.

👉 How much staging the seller chooses. A seller can choose to stage their entire house or only specific rooms, which each can be done to varying degrees.

🏠 The most-often staged rooms

👉 The degree of an agent's involvement. Some sellers' agents include staging with their services or connect their clients with stagers. According to the National Association of Realtors:[17]

  • A seller's agent personally offers to stage a home 26% of the time.
  • A seller's agent offers an external home staging service to sellers 17% of the time.
  • A seller's agent will pay for staging 2% of the time.

» Need an experienced agent to guide you through staging and a sale? Connect with a top-rated realtor in your area.

The cost of a virtual staging

A virtual staging, which involves adding images of furniture and decorations to the base image of an empty room or house, costs $40-80 per photo.

It's cheaper than a real staging, but there are downsides:

  • Not all Multiple Listing Services (MLS) — the databases of homes for sale used by real estate professionals and marketplaces — allow virtual staging.
  • Virtual stagers could potentially change the colors or alter the base images and not showcase the actual property.
  • Virtual stagings are for a home's online presence only. They won't work for buyers who want to see a property in person.

The market has recently seen an increase in buyers shopping only online. Still, a seller should keep in mind potential buyers who do visit in person.

» NEED AN AGENT? Connect with a top-rated realtor in your area.

Related reading

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What Is a Pocket Listing? https://semya-moya.ru/real-estate-blog/pocket-listing/ Wed, 08 Feb 2023 04:12:57 +0000 https://semya-moya.ru/pocket-listing/ A seller who chooses to use a pocket listing often has one of a few interests or goals.

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Purpose of a pocket listing | Market for a pocket listing | Pocket listing trendline | Concerns about pocket listings | Pushback against pocket listings | Future of pocket listings | Finding pocket listings

Pocket listing is popular shorthand for a house or property for sale that's withheld from public listing channels.

Pocket listings aren't included alongside other active properties on the Multiple Listing Service (MLS), the database of homes for sale used by real estate professionals and marketplaces.[18]

Nor are pocket listings shared widely among real estate agents.

A buyer or agent typically learns about a pocket listing directly from a seller or another agent who knows about it and then reveals it to other parties.

Experienced agents with wide networks are generally better sourced about pocket listings than novice agents.

» NEED AN EXPERIENCED AGENT? Connect with a top-rated realtor in your area.

pocket listing

The purpose of a pocket listing

A seller who chooses to use a pocket listing often has one of these interests or goals:

A pocket listing can protect a seller's privacy

Celebrities, politicians, and others who want to keep a low public profile have traditionally been pocket listing power users.

Pocket listings minimize publicity, foot traffic, and curiosity seekers who may be more interested in gawking at a celebrity's taste in a home than buying a celebrity's home.

Sometimes a divorce, a financial hardship, or another life event the seller doesn't want publicized drives the use of a pocket listing.

🖊️ Other names for pocket listings

  • Hip-pocket listings
  • Private listings
  • Off-market listings
  • Quiet listings
  • Off-MLS listings
  • Whisper listings
Show more

A potential buyer has already expressed interest

Why market a property widely when you already know a buyer and aren't interested in dealing with multiple bidders?

It's not uncommon, for instance, for a buyer to negotiate with their neighbor to have first dibs on the neighbor's house if and when they should ever sell, so the buyer can have a family member move in next door.

It's a seller's rental property

And the seller doesn't want the tenants to know the house is for sale.

A pocket listing allows sellers to test the market

Sellers can use pocket listings to evaluate their asking price before potential inclusion on the Multiple Listing Service (MLS).

Testing the market can be valuable because:

  • Sellers who initially overprice their property on the MLS may need to make multiple price reductions. Those reductions are public and, to many potential buyers, they're a red flag.
  • A high number of days on the market can make a property stale. Potential buyers could become leery, wondering if something's wrong with the property that's keeping buyers away.

🏠 What's a typical amount of days on the market for a house?

  • In January 2021, the national average for days on the market was 76, down 11% year over year, according to Realtor.com.
  • In hot markets, the average days on market is much lower.
  • In very hot markets, houses can sell within hours.
Show more

Because these interests and goals are often priorities for sellers using pocket listings, many benefits of a traditional listing — mass exposure, multiple bidders, potential foot-traffic — are almost irrelevant.

If you're a seller considering a pocket listing, you'd be well served with an experienced agent who can evaluate if it's the best path for you.

» FIND AN EXPERIENCED AGENT: Connect with a top-rated realtor in your area.

The market for a pocket listing

It's smaller than the market for a traditional active listing because pocket listings aren't on the Multiple Listing Service (MLS) where they would be visible to the general public.

» READ: What Does Active Mean in Real Estate?

The market's also smaller because homes in pocket listings are relatively more expensive. Fewer people can afford them.

That's not a problem, though, if a seller believes they can reach deep-pocketed potential buyers via word of mouth or other contacts.

The trendline for pocket listings

In recent years, pocket listings grew in popularity and became a significant part of the overall market.

📈 According to a 2019 report, 10% of sellers found buyers without listing their homes on the MLS.[19]

📈 A greater percentage of homes were sold off market in San Francisco (20%) and Los Angeles (30%), according to a 2018 Compass report.[20]

Upcoming reports on pocket listings and off-market listings could show a decline, however, due to recent actions surrounding the practice.

The concerns around pocket listings

Concerns about pocket listings revolve around:

Fairness

Pocket listings aren't equitable. A buyer doesn't have a fair opportunity to buy a house if a buyer doesn't know a house is for sale.

Restricting the visibility of a property to a subset of buyers may also violate fair housing and anti-discrimination laws.

Dual listing potential

If the seller's agent brings in a buyer, there's potential for dual agency where a single agent represents both the buyer and seller. It's then unclear whose interests the agent really represents.

» READ: Everything you need to know about dual agency.

At best, the situation poses an ethical problem.

At worst, it's illegal. Alaska, Colorado, Florida, Kansas, Oklahoma, Texas, Vermont, and Wyoming have all banned dual agency, as of November 2020.[21]

Market transparency

Private transactions based on pocket listings hinder efforts to evaluate what homes are selling for in a local market. That lack of market transparency can affect property values and other home purchases.

👉 Here's why: Appraisers evaluate a home's value based in large part on comps — comparable sales in the local market.

Not knowing all the comps can create a gap in knowledge that affects other buyers and sellers. Nobody really knows if they're getting a fair market price.

The National Association of Realtors has responded by regulating pocket listings among its members.

The pushback against pocket listings

The National Association of Realtors (NAR) effectively banned pocket listings among its more than 1.4 million members in May 2020.

The reasoning for the National Association of Realtors' pocket listings ban

  • The National Association of Realtors (NAR) says: "Brokers and MLSs from across the country asked NAR to consider policy that will reinforce the consumer benefits of cooperation. The MLS creates an efficient marketplace and reinforces the pro-competitive, pro-consumer benefits that REALTORS® have long sought to support."
  • In short, NAR believes consumers benefit from more transparency.
Show more

NAR's policy requires real estate brokers to submit a listing to the Multiple Listing Service (MLS) database within one business day of marketing a property to the public.[22]

This NAR policy, however, doesn't mean pocket listings are illegal or will be going away.

The future of pocket listings

Only agents who belong to the National Association of Realtors (NAR) — more than 1.4 million[23] of an estimated more than 2 million agents in the U.S.[24] — must abide by the policy governing pocket listings.

NAR also okayed "office exclusive" listings, which allow a listing to be shared "between the brokers and licensees affiliated with the listing brokerage"[25] without being listed on the Multiple Listing Service.

Legal efforts to overturn NAR's policy have thus far failed.

How do you find pocket listings?

It's often who you know, which is why an experienced agent with a wide network can sometimes help clients learn about pocket listings.

» NEED AN AGENT? Connect with a top-rated realtor in your area.

Other ways to find pocket listings include:

Coming soon listings

Coming soon listings provide a window into homes that aren't yet listed on the MLS, yet are available to the public on the Multiple Listing Service (MLS).

Coming soon listings can be found on Redfin, Zillow, and other real estate marketplaces.

Private listing networks

The Property Listing Service, HomeQT, and Pocket Deed are among the marketplaces that claim to surface pocket listings and other off-MLS listings.

Article Sources

[1] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 5, 2021.
[2] National Association of Realtors – "Monthly Membership Report". Accessed March 5, 2021.
[3] HomeLight – "Here’s How Many Real Estate Agents There Are in The U.S.". Accessed March 5, 2021.
[4] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[5] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[6] California Department of Real Estate – "Agency introduction". Accessed March 5, 2021.
[7] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[9] Zillow – "United States Home Values". Accessed March 11, 2021.
[10] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[11] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[12] HomeAdvisor – "How Much Does It Cost To Install A Light Fixture?". Accessed March 11, 2021.
[13] HomeAdvisor – "How Much Does It Cost To Install Recessed Lighting?". Accessed March 11, 2021.
[14] HomeAdvisor – "How Much Does It Cost To Refinish Cabinets?". Accessed March 11, 2021.
[15] HomeAdvisor – "How Much Does It Cost To Refinish Hardwood Floors?". Accessed March 11, 2021.
[16] HomeAdvisor – "How Much Does A Maid Cost?". Accessed March 11, 2021.
[17] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[18] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[19] National Association of Realtors – "2019 Home Buyers and Sellers Generational Trends Report". Accessed March 1, 2021.
[20] Compass – "Pacific Union International Launches Private View™". Accessed March 1, 2021.
[21] Clever – "Everything you need to know about dual agency". Accessed March 1, 2021.
[22] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[23] National Association of Realtors – "Monthly Membership Report". Accessed March 1, 2021.
[25] National Association of Realtors – "MLS Clear Cooperation Policy". Accessed March 1, 2021.

Related reading

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What Is a Kick-Out Clause? https://semya-moya.ru/real-estate-blog/kick-out-clause/ Fri, 14 May 2021 18:01:33 +0000 https://semya-moya.ru/kick-out-clause/ A kick-out clause is generally beneficial to buyers and sellers, and it overwhelmingly applies to a specific home-buying circumstance.

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Kick-out clause context | Kick-out clause framework | Kick-out clause in action | Pros and cons for buyers | Pros and cons for sellers | Hot market impact | Frequently asked questions

A kick-out clause in a home-purchase contract allows a seller to reject an accepted offer in favor of a new one from another buyer.

While it may sound harsh, a kick-out clause generally benefits both parties and overwhelmingly applies to one situation: A buyer wants to sell their current house before finalizing the purchase of a new house.

The seller understands and accepts the buyer's desire. The seller also doesn't want to wait indefinitely for the buyer to sell their current house.

The solution: The seller reserves the right to "kick out" the first buyer should a second buyer materialize.

The kick-out clause is a common way to address this situation.

"Every contract we negotiate where a seller has to sell a property to purchase a property will have a kick-out clause or a contingency offer," says Ramona Williams, an agent with Keller Williams Partners in Colorado Springs, Colorado.

» NEED AN AGENT? Connect with a top-rated realtor in your area.

kick out clause illustration

Kick-out clause: a little more context

A kick-out clause is a kind of contingency — a condition in a home-purchase contract that must be met before the contract becomes legally binding.

While it's typical for a buyer who needs to sell their house to ask for a home-purchase contingency, which includes a kick-out clause, in the big picture it's not a common contingency.

Only 6% percent of home-contract contingencies focused on the buyer selling their current home, according to the May 2020 Realtors Confidence Index Survey.

📖 A few details about contingencies

  • 76% of home-purchase contracts include contingencies. [26]
  • The most common contingencies revolve around home inspections (59% of home-purchase contracts), financing (47%), and appraisals (46%). [27]
  • » READ MORE: What Does Contingent Mean in Real Estate?
Show more

Kick-out clause: The framework

The kick-out clause allows sellers to continue to market their home to other potential buyers while the initial buyer attempts to sell their house.

The clause remains in the background of the transaction until one of two events happen:

The buyer sells their home

Then what? The kick-out clause becomes moot, and the buyer moves forward with the purchase of the seller's home.

Another potential buyer of the seller's home submits an offer

Then what? When the second situation occurs — and the new offer doesn't come with a contingency that the buyer has to sell their house — the seller can invoke the kick-out clause, should they want to accept the offer.

Kick-out clause: How it plays out

The seller alerts the buyer in writing.

The document states the limited amount of time the original buyer has to make a decision. It's usually a 72-hour deadline unless the parties have negotiated for more or less time at the outset of the offer.

Before the deadline, one of two things happens:

Option 1 Option 2
The initial buyer removes the home-purchase contingency and moves forward with the transaction. The buyer resolves to be "kicked out" and gives way to the new buyer.
Show more

In the latter case, the buyer will usually get back their earnest money — the good-faith deposit that's typically paid during a home purchase.

» READ: The Importance of (Being) Earnest: Earnest Money 101

Kick-out clause: Pros and cons for buyers

✅ Pros for buyers Cons for buyers
A kick-out clause lowers a buyer's risk. It ensures the buyer can sell their current house and not get stuck with two houses and two mortgages. Some sellers may not want to accept a contingency with a kick-out clause. This is particularly true in a hot market.
A buyer could lose the house to a better offer during the time they're waiting to sell their current house.
Show more

Kick-out clause: Pros and cons for sellers

✅ Pros for sellers Cons for sellers
A kick-out clause lowers a seller's risk. Sellers can have a home-purchase contract in place to sell their house and also an option to cancel the contract should a better offer come their way. The window of time the buyer gets to make a decision once the kick-out clause is invoked can impede a second offer.
Sellers can continue to market their house, seeking a better offer. Just having an offer to compete against could influence secondary offers.
Sellers maintain a strong negotiating position. The buyer presumably has fallen in love with the seller's house, which could give the seller leverage to negotiate other terms of the home-purchase contract favorably. The buyer could run into financing issues. Potentially taking on two mortgages, for instance, can pose difficulties.
Show more

What's the impact of a kick-out clause in a hot market?

A kick-out clause can make a buyer's offer less attractive in a market that's favorable to sellers.

"In a seller's market, we are seeing tons of competing offers on every home," says Colorado Springs, Colorado-based agent Ramona Williams. "Most of the time the kick-out clause puts them in last place as a buyer to purchase a home."

» READ: How to Buy a House in a Seller’s Market

Williams notes some possible moves a buyer who needs to sell their home can make to avoid a kick-out clause:

  • A buyer can move to a temporary house after the sale of their home, Williams says. Once their home is sold, they won't have to deal with a kick-out clause and can start looking for a new home.
  • A buyer can use a company that can underwrite their purchase of a new house, then help sell their old house for a fee.

Williams also points out that a buyer can potentially borrow from their 401(k) to make the down payment on a new home, eliminating the need to sell their house first to free up financing. Once the buyer sells and closes on their own house, they can pay back their 401(k).

The 401(k) option comes with some risks. A good agent can talk you through all your financing options and help determine what's best for you and your situation.

» FIND A QUALIFIED AGENT: Connect with a top-rated realtor in your area.

Frequently Asked Questions

What does contingent with no kick-out mean?

It means the seller has accepted an offer with contingencies but can’t kick out the buyer for another offer.

However, if the buyer doesn’t meet other contingencies set forth in the contract by an agreed-upon deadline, the contract could be terminated.

» READ MORE: What Does Contingent Mean in Real Estate?

Do kick-out clauses cost money?

No.

Typically, the only money paid when employing a kick-out clause is earnest money, which is a good faith down payment that's part of any home purchase.

If the seller employs the kick-out clause, the buyer will get all or some of their earnest money back, depending on the language in the contract.

» READ: The Importance of (Being) Earnest: Earnest Money 101

Article Sources

[1] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 5, 2021.
[2] National Association of Realtors – "Monthly Membership Report". Accessed March 5, 2021.
[3] HomeLight – "Here’s How Many Real Estate Agents There Are in The U.S.". Accessed March 5, 2021.
[4] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[5] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[6] California Department of Real Estate – "Agency introduction". Accessed March 5, 2021.
[7] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[9] Zillow – "United States Home Values". Accessed March 11, 2021.
[10] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[11] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[12] HomeAdvisor – "How Much Does It Cost To Install A Light Fixture?". Accessed March 11, 2021.
[13] HomeAdvisor – "How Much Does It Cost To Install Recessed Lighting?". Accessed March 11, 2021.
[14] HomeAdvisor – "How Much Does It Cost To Refinish Cabinets?". Accessed March 11, 2021.
[15] HomeAdvisor – "How Much Does It Cost To Refinish Hardwood Floors?". Accessed March 11, 2021.
[16] HomeAdvisor – "How Much Does A Maid Cost?". Accessed March 11, 2021.
[17] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[18] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[19] National Association of Realtors – "2019 Home Buyers and Sellers Generational Trends Report". Accessed March 1, 2021.
[20] Compass – "Pacific Union International Launches Private View™". Accessed March 1, 2021.
[21] Clever – "Everything you need to know about dual agency". Accessed March 1, 2021.
[22] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[23] National Association of Realtors – "Monthly Membership Report". Accessed March 1, 2021.
[25] National Association of Realtors – "MLS Clear Cooperation Policy". Accessed March 1, 2021.
[26] Realtors Confidence Index Survey – "May 2020 Realtors Confidence Index Survey". Accessed February 17, 2021.
[27] Realtors Confidence Index Survey – "May 2020 Realtors Confidence Index Survey". Accessed February 17, 2021.

Related reading

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Contingent vs. Pending: What's the Difference in Real Estate? https://semya-moya.ru/real-estate-blog/contingent-vs-pending/ Fri, 05 Mar 2021 21:41:05 +0000 https://semya-moya.ru/contingent-vs-pending/ A big difference for a home buyer: a house that's contingent sits much earlier on the home-purchase timeline. But there's more to know.

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Home-purchase timeline | Can you make an offer? | Contingent insights | Pending insights | Making a backup offer | Backup offer pros and cons | Your backup offer's chances | Frequently asked questions

A contingent or pending status on a house listing indicates that a seller has accepted a buyer's offer.

The most significant difference between contingent and pending for a house hunter is this: a house that's designated as contingent sits earlier on the home-purchase timeline than a house that's pending.

Neither status signals a done deal.

A contingent house or a pending house remains potentially up for grabs for another buyer to swoop in with a winning offer. Chances are better, however, on a house that's designated contingent vs. pending.

Why? Take a look at the home-purchase timeline.

Contingent vs. pending on the home-purchase timeline

The contingent and pending statuses are two important milestones on the home-purchase timeline. Let's start with the one that comes first.

Milestone: Contingent

Once an offer on a house or property has been accepted by the seller, it goes under contract. While under contract, the buyer and seller must settle the issues they've included in the contract, which often include contingencies.

Contingencies are conditions that must be met before a contract is legally binding. They can be challenging to resolve and are sometimes intractable. Deals can and do fall apart because a contingency can't be met.

» READ MORE: What Does Contingent Mean in Real Estate?

Milestone: Pending

Once the contingencies laid out in the home-purchase contract are cleared, the deal can move to the next phase. The house's status becomes pending.

Because the challenges of contingencies are in the past, deals on pending houses are less likely to crash and burn. Still, the deal isn't complete.

» READ MORE: What Does Pending Mean in Real Estate?

Only when the fewer but still significant issues involved in the pending phase have been addressed can the deal close and the keys to the house change hands.

contingent pending status illustration

It's possible to make an offer on a house that's contingent or pending

You can offer to buy a house that's contingent or pending — if the seller allows it. Sometimes they won't. Often they will because it's in their best interest to have backup options.

When you do make an offer on a contingent or pending house prepare to face significant hurdles, including some that are out of your control.

Let's take a deeper dive through the lenses of contingent vs. pending.

Contingent: What a buyer should know

First, understand that the home-buying process is underway with the initial buyer. The parties have signed a contract. They've agreed to timelines. They've settled on a price.

But contingencies likely remain to be addressed. According to the May 2020 Realtors Confidence Index Survey, 76% of home-purchase contracts include contingencies.

The most common contingencies: Home inspection (59% of home-purchase contracts, per the Realtors Confidence Index Survey), financing (47%), and appraisal (46%).

Many variables are in play with contingencies

For instance: What if the home inspection turns up a major structural issue? Will the buyer's loan will come through? What if the appraisal values the house for less than the agreed-upon sale price?

Because of these and other potential deal-derailing scenarios, the seller of a house that's contingent vs. pending is typically more open to other offers.

In some locations, you may find a "contingent - show" designation, which publicly reveals that the seller still wants to show the property while it's contingent and likely will take new offers.

Otherwise, a good real estate agent can talk to the seller's agent to find out whether the seller is open to offers.

Pending: What a buyer should know

Because the current buyer and seller are deeper into the purchase process for a house that's pending than for a contingent house, the path to a successful purchase is more narrow.

👉 One clue to look for: A "pending - taking backups" status on the property, which shows the seller's open to another offer.

If you don't see a "pending - taking backups" status, ask your agent to contact the seller's agent to learn where things stand with the initial purchase and if the seller will still accept offers.

» NEED AN AGENT? Connect with a top-rated agent in your area

How to make an offer on a house that's pending or under contract

You'll submit a backup offer whether it's a house with a contingent or pending status.

In a backup offer, you'll follow the same process as a primary offer. But the seller won't take any serious action on your secondary offer unless the first offer crumbles.

The pros and cons of a backup offer

Pros

  • You can reserve the next spot in line and be in a strong position should the initial offer fall through.
  • You're a motivated buyer and you're letting the seller know.
❌ Cons

  • You'll have to face any issues that torpedoed the initial offer, such as problems with the title or the need for major repairs.
  • If there's a better home for you on the market, you may never know since you're focused on the home that's contingent or pending.
  • A seller could be using your offer to nudge the original buyer to take action and finalize the sale.
Show more

Lean on a good agent to determine if it's worth your time and energy to make a backup offer.

» FIND AN AGENT: Clever can connect you with a top-rated agent in your area

A strong agent as a partner in the home-purchase process can unearth more information about why the seller's taking backup offers and can evaluate whether your potential backup offer has a legitimate chance of being accepted.

Straight talk: Your chances of buying a house that's contingent or pending

The odds of buying a house that's contingent or pending aren't great. The numbers from the November 2020 Realtors Confidence Index Survey show just 6% of home-purchase contracts were terminated during that month.

The contracts within that 6% fell through because of:

Appraisal Issues

Example: An independent appraisal of the home's value comes in well below the offer price. The buyer backs out.

» READ: The Ultimate Home Appraisal Checklist

Financing Issues

Example: The buyer's home mortgage loan falls through. Without financing, the deal can't proceed.

» READ: A Step-by-Step Guide to the Home Loan Process

Home Inspection Issues

Example: An inspection of the home reveals a significant problem. Major electrical, structural, and mold issues are potential deal breakers.

» READ: 7 Must-Know Home Inspection Tips for Buyers

Title Issues

Example: A title search turns up an unresolved boundary dispute on the property, or even a lien — a legal claim against the owners of a property.

» READ: What to Know BEFORE Buying a House With a Lien Against It

Job Issues

Example: The buyer loses their job and necessarily postpones making a major purchase.

The home-purchase process includes these and other pitfalls, which should provide a little hope if you want to put in a backup offer on a property that's contingent or pending.

How much hope? A great realtor can evaluate your unique situation and help you best position yourself to secure a home you love.

Frequently asked questions

Is contingent or pending better?

For a potential buyer who sees a designation of contingent or pending on a house they're interested in, contingent is better.

The contingent phase comes earlier in the home-purchase process, meaning there's more time for the first potential buyer's deal to fall apart.

» READ: What Does Contingent Mean in Real Estate?

Is contingent before pending?

Yes. Before a home purchase can proceed to pending, the contingencies in a home-purchase contract must be resolved.

» READ: What Does Pending Mean in Real Estate?

Can a realtor show a house that's contingent?

Yes, but only if the seller allows it.

Sometimes you'll notice a status "contingent - show" in a listing, which publicly signals that the seller's still showing the property. Other times, you'll need your agent to touch base with the seller's agent to determine where things stand.

» FIND AN AGENT: Clever can connect you with a top-rated agent in your area

Does contingent or pending mean sold?

No. Both contingent and pending mean an offer has been made on a home, but a deal hasn't been finalized.

If you're interested in putting in an offer on a contingent or pending house, you can do so via a backup-offer.

Related reading

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What Does Under Contract Mean? https://semya-moya.ru/real-estate-blog/under-contract-mean/ Fri, 05 Mar 2021 21:32:02 +0000 https://semya-moya.ru/under-contract-mean/ The buyer and seller have agreed on a price. A timeline for the transaction has been outlined. Documents have been signed. But the sale isn't final.

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Can you make an offer? | What's in a contract? | House price | Closing costs | Earnest money | Contingencies | Pending status | Contracts can fall through | Failure to resolve items | Frequently asked questions

In real estate, under contract means a buyer's offer on a house or property has been accepted by the seller. The buyer and seller have agreed on a price. A timeline for the transaction has been outlined. Documents have been signed.

But the sale isn't final.

It's only the beginning of a process that can stretch for weeks, sometimes months. The buyer and seller still must work through the finer points of the deal they've agreed to in the contract.

under contract house illustration

Can you make an offer on a house that's under contract?

✅ Yes, but not always.

Have your agent talk to the seller's agent to determine if the seller will consider other offers as they navigate the home-purchase process with the initial buyer.

» NEED A REALTOR? Get in touch to connect with top-rated realtors in your area.

An agent can also ask about the status of the sales process to see if your potential offer would stand a chance. Typically, an offer on a house that's under contract will be a backup offer — it will be accepted only if the first offer falls through.

What's involved in a house under contract?

The core clauses buyers and sellers usually agree to in a contract include:

The price of the house

Typically, the seller lists a price for the house and the buyer submits an offer above, below, or exactly at that price.

If it's a buyer's market, where houses for sale outnumber buyers, a buyer may submit an offer below the asking price.

If it's a seller's market, where buyers are more plentiful than sellers, a buyer often bids higher than the asking price to try to top competing offers.

The parties then negotiate and settle on a price, which is included in the contract.

» READ: What is a Real Estate Purchase Agreement? (In-Depth Guide)

Closing costs

The contract includes costs for appraisal, home inspection, property taxes, insurance and other items, which will be paid when the transaction concludes.

Closing costs can range from 2-5% of the cost of the house.

» READ: What Are Closing Costs?

Earnest money

This good-faith deposit on the home by the buyer demonstrates their seriousness. Typically, it ranges from 1-3% of the cost of the house.

Contingencies

Contingencies — conditions that must be met before a contract becomes legally binding — are likely the biggest hurdles to be cleared for a house under contract to move forward.

» READ: What Does Contingent Mean in Real Estate?

According to the May 2020 Realtors Confidence Index Survey, 76% of home sale transactions include some sort of contingency. The most common contingencies in a contract are: financial (47% of home-purchase contracts), appraisal (46%), inspection (59%), clear title (12%), and sale of current home (6%).

📒 What else might be included in the contract?

The contract may also feature clauses related to:

  • The ownership of items in the house, such as light fixtures, exercise equipment, and furniture.
  • The responsibility for utility payments and other costs before the closing date.
  • The timing of a walk through, so the buyer can ensure everything's okay, per the details in the contract.
  • The move-in date.
Show more

What happens after the parties resolve the items in the contract?

The status of the house turns to pending.

» READ: What Does Pending Mean in Real Estate?

Don't fret if you're still interested in the house. You're not out of the running. Pending status comes with its own hurdles to be cleared by the buyer and seller, including issues with the title, financing, and plain old cold feet from the buyer.

What's the likelihood of a house under contract falling through?

Failed contract rates

According to the November 2020 Realtors Confidence Index Survey, 6% of overall contracts that month were terminated. So a contract will fall through no more than six out of 100 times.

The contracts within that 6% generally fell through because of:

Appraisal Issues

What might happen: The buyer backs out of the deal because an appraisal values the property below the mutually agreed-upon price.

» READ: The Ultimate Home Appraisal Checklist

Financing Issues

What might happen: A buyer's home mortgage loan doesn't come through. The deal dissolves.

» READ: A Step-by-Step Guide to the Home Loan Process

Home Inspection Issues

What might happen: The home inspection reveals a deal-breaking issue during the home inspection, like a damaged roof or a critical structural problem.

» READ: 7 Must-Know Home Inspection Tips for Buyers

Title Issues

What might happen: A legal claim against the current owners — known as a lien — could mean the new owner might have to take on responsibility for debts.

» READ: 7 FAQs About Title Companies and What They Do at Closing

Job Issues

What might happen: The buyer loses their job and no longer has the income to pay for a property.

What happens if the parties fail to resolve the contract items?

The house returns to the market, goes off the market, or the seller considers any backup offers. A backup only becomes the primary offer if the initial offer falls through.[28]

Frequently asked questions

Can I make an offer on a house under contract?

Yes, but not in every case. If it's unclear in a listing, an experienced agent can gather information to help you determine if the seller's open to backup offers.

A backup offer comes into play only if the initial offer terminates.

Should I make a backup offer on a house under contract?

Your decision will depend on many variables, which a good agent can help you sort out.

Generally, these are a few pros:

  • You're reserving your place as next-buyer up.
  • You're showing you're motivated. Many sellers appreciate that.

These are a few cons:

  • If the title issues or other major concerns arise with the first buyer, those issues become your issues to navigate.
  • Waiting on the status of your offer might stop you from searching for and finding a home you fall in love with even more.
  • The seller could be using your offer as a tool to nudge the original buyer into acting.

What are my chances of buying a house under contract?

Not great. Only six out of 100 home-purchase contracts were terminated in November 2020, according to that month's Realtors Confidence Index Survey.

A savvy real estate agent at your side might improve your chances of getting a home that's under contract.

» NEED A SAVVY AGENT? Connect with a top-rated agent in your area

Article Sources

[1] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 5, 2021.
[2] National Association of Realtors – "Monthly Membership Report". Accessed March 5, 2021.
[3] HomeLight – "Here’s How Many Real Estate Agents There Are in The U.S.". Accessed March 5, 2021.
[4] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[5] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[6] California Department of Real Estate – "Agency introduction". Accessed March 5, 2021.
[7] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[9] Zillow – "United States Home Values". Accessed March 11, 2021.
[10] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[11] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[12] HomeAdvisor – "How Much Does It Cost To Install A Light Fixture?". Accessed March 11, 2021.
[13] HomeAdvisor – "How Much Does It Cost To Install Recessed Lighting?". Accessed March 11, 2021.
[14] HomeAdvisor – "How Much Does It Cost To Refinish Cabinets?". Accessed March 11, 2021.
[15] HomeAdvisor – "How Much Does It Cost To Refinish Hardwood Floors?". Accessed March 11, 2021.
[16] HomeAdvisor – "How Much Does A Maid Cost?". Accessed March 11, 2021.
[17] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[18] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[19] National Association of Realtors – "2019 Home Buyers and Sellers Generational Trends Report". Accessed March 1, 2021.
[20] Compass – "Pacific Union International Launches Private View™". Accessed March 1, 2021.
[21] Clever – "Everything you need to know about dual agency". Accessed March 1, 2021.
[22] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[23] National Association of Realtors – "Monthly Membership Report". Accessed March 1, 2021.
[25] National Association of Realtors – "MLS Clear Cooperation Policy". Accessed March 1, 2021.
[26] Realtors Confidence Index Survey – "May 2020 Realtors Confidence Index Survey". Accessed February 17, 2021.
[27] Realtors Confidence Index Survey – "May 2020 Realtors Confidence Index Survey". Accessed February 17, 2021.
[28] Realtor.com – "What Does 'Active With Backup Offers' Mean?". Accessed February 3, 2021.

Related reading

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What Does Pending Mean in Real Estate? https://semya-moya.ru/real-estate-blog/pending-real-estate/ Fri, 05 Mar 2021 21:00:09 +0000 https://semya-moya.ru/pending-real-estate/ If you find a house marked as pending that you fall in love with during your search for a home, you're not out of luck.

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Pending issues overview | Contracts fall through | Make an offer? | Pending statuses | What's a backup offer? | Backup pros and cons | Backup offer tips | Wait and see? | Frequently asked questions

Pending means that a buyer has made an offer on a house and signed a home-purchase contract, and that the buyer and seller have resolved their contingencies.

Occasionally, pending means the seller has merely accepted an offer. But, in practice, the stricter definition reigns.

Either way, if you find a house marked as pending that you fall in love with during your search for a home, you're not out of luck. The buyer ahead of you in line hasn't officially closed the deal.

However, significant hurdles must be overcome if you want to pursue and land the property.

What is a contingency?

  • It's an issue — the contingency — that needs to be resolved before the deal closes. Typically, contingencies revolve around finance, home inspection, or appraisal issues.
  • READ: What Does a Contingency Mean in Real Estate?
Show more

pending house illustration

What potential issues remain when a house is pending?

Most issues involving a pending house are out of your control as a potential new buyer. Your realtor, if you already have one, may be able to talk to the seller's agent to keep tabs on the status and actions of the first potential buyer and the seller.

» NEED A REALTOR? Get in touch to connect with top-rated realtors in your area.

If the seller and first potential buyer can't close, you'll have an opening. Common issues buyers and sellers need to work out while a house is pending include:

Financial issues

A typical scenario: The buyer's financing falls through, perhaps because they need to redirect their money because of an unforeseen event, or they may have lost a job and steady income.

» READ: A Step-by-Step Guide to the Home Loan Process

Title issues

A typical scenario: A problem arises with the property itself, like its boundaries may be in dispute.

Or there's a lien on the property. That would be a legal claim that the current owners owe money to another party. Some examples of potential liens: unpaid property taxes, unpaid child support, or a stiffed contractor.

» READ: What to Know BEFORE Buying a House With a Lien Against It

Repair issues

A typical scenario: Issues found during a home inspection take a long time to fix, drawing out the sale process. Negotiations become contentious.

Selling own property issues

A typical scenario: A buyer can't sell their current home and halts the sale.

Also, a seller may withdraw if they can't buy a new house.

Buyer's remorse

A typical scenario: A buyer could just get cold feet and back out. It happens.

How often do home-purchase contracts fall through?

Failed contract rates

Six percent of overall home-purchase contracts fell through in November 2020, according to that month's Realtors Confidence Index Survey. The contracts within that 6% were terminated due to:

Appraisal Issues

A typical scenario: An independent appraiser values the property below the agreed-upon cost of the house, so the buyer backs out of the contract.

» READ: The Ultimate Home Appraisal Checklist

Financing Issues

A typical scenario: A buyer can't secure a home mortgage loan before a deadline and the deal falls apart.

» READ: A Step-by-Step Guide to the Home Loan Process

Other Issues

The Realtors Confidence Index Survey didn't define these issues, but know they're different from the rest of the items in the survey.

Home Inspection Issues

A typical scenario: The home inspection reveals a deal-breaking issue, such as a failing roof or a structural problem with the home's foundation.

» READ: 7 Must-Know Home Inspection Tips for Buyers

Title Issues

A typical scenario: A lien on the property — a legal claim against the current owners — means the new owner would potentially be responsible for unpaid debts.

» READ: 7 FAQs About Title Companies and What They Do at Closing

Other contingency issues

The Realtors Confidence Index Survey also didn't define these issues, except that they're not the same as the ones elsewhere in the survey.

Job Issues

A typical scenario: The buyer loses their job and no longer has the income to pay for a property.

The survey isn't clear at what point in the home-sale process these contracts fell through, but it does provide a guideline for understanding whether a house that's pending might become available.

It'll likely happen less than six out of 100 times.

Can I put in an offer on a pending sale?

Yes, but not always. Have your realtor reach out to the seller's realtor to see where things stand and if they're accepting offers.

» NEED A REALTOR? Find a realtor near you.

Sometimes clues can be found within a listing online. Look for a few kinds of pending statuses that may help you decide whether making an offer is a good idea.

What are the common pending statuses?

Pending - taking backups

A backup offer means a seller will proactively take a secondary offer on the house, just in case the first offer falls through.

You should find out more information about why the seller's taking backup offers before reading too much into the situation.

It might be that the seller doesn't feel secure in the first potential buyer. Or, it might mean the seller's simply looking for a just-in-case offer to back up a strong-on-paper buyer. The seller could even be using you to prod the initial buyer.

Pending - short sale

When a house goes on sale for less than the amount owed on the seller's mortgage, it's called a short sale. Typically, the seller's financially distressed and facing foreclosure, and the transaction needs to be approved by the seller's lender.

Because the approval process remains beyond the control of the buyer and seller, it's a less-predictable, potentially extended situation. However, this situation can turn in your favor as a potential backup buyer.

» READ: Short Sale vs. Foreclosure: Which One Should You Choose?

Pending - more than 4 months

Extended delays can trigger this status. Often construction issues, extended processing time, or ongoing negotiations are involved. Sometimes it's just a clerical error and the listing hasn't been updated.

What's the best way to buy pending real estate?

The odds are against a pending property becoming available, as recent data show just six out of 100 home-purchase contracts don't close.[29]

Still, if you've fallen in love with a 2,600-square-foot beauty of a house that's pending — and you really should be in love if you want to pursue it — you can make a backup offer.

A backup offer usually involves following the process a primary offer goes through, but a backup only becomes the primary offer if the initial offer falls through.[28]

The pros and cons of a backup offer

Pros

  • You're staking your place as next-in-line.
  • You're showing you're a motivated buyer.
❌ Cons

  • If the original offer falls through for title, repair, or other major concerns, you'll have to face those issues, too.
  • Waiting to see if your offer eventually works out could impede your search for other homes. What if there's a home out there you like better, but you never know because you're stuck on the home that's pending?
  • Your offer could be used as a tool by the seller to motivate the original buyer to move forward.
Show more

Tips for making a backup offer

Try these three steps to put your best offer forward:

1. Get in strong financial shape

If the previous buyer falls through due to financing issues, you'll be in a better position to a seller who doesn't want the same issue to torpedo the sale.

2. Sell your existing property (if you have one)

If the previous buyer falls through due to this issue, you could be in position for a seller who doesn't want the same issue to affect the sale.

3. Open communications with the seller

You'll want to learn as much as you can about the property, via your realtor.

Be tenacious to show you're serious. Consider a personal note to help persuade the seller you'd be the best party to buy the house.

Can I wait to see if the sale falls through instead of making a backup offer?

Yes. If you do, you may avoid some of the pitfalls listed above and maintain the flexibility of your house search.

Also, with the right agent, you can keep on top of the status of the pending house and pounce should the house go back on the market. Provided, of course, there's no other backup offer.

Frequently asked questions

What issues need to be resolved when a house is pending?

It varies by situation. Title and financing issues are among the common issues to be resolved when a house is pending.

Can I put in an offer on a pending sale?

Yes. You can make a backup offer, which becomes the primary offer if the initial offer falls through.

What are my chances of buying a home that's pending?

Small. The November 2020 Realtors Confidence Index Survey revealed just six out of 100 home-purchase contracts don't close.

Article Sources

[1] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 5, 2021.
[2] National Association of Realtors – "Monthly Membership Report". Accessed March 5, 2021.
[3] HomeLight – "Here’s How Many Real Estate Agents There Are in The U.S.". Accessed March 5, 2021.
[4] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[5] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[6] California Department of Real Estate – "Agency introduction". Accessed March 5, 2021.
[7] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[9] Zillow – "United States Home Values". Accessed March 11, 2021.
[10] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[11] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[12] HomeAdvisor – "How Much Does It Cost To Install A Light Fixture?". Accessed March 11, 2021.
[13] HomeAdvisor – "How Much Does It Cost To Install Recessed Lighting?". Accessed March 11, 2021.
[14] HomeAdvisor – "How Much Does It Cost To Refinish Cabinets?". Accessed March 11, 2021.
[15] HomeAdvisor – "How Much Does It Cost To Refinish Hardwood Floors?". Accessed March 11, 2021.
[16] HomeAdvisor – "How Much Does A Maid Cost?". Accessed March 11, 2021.
[17] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[18] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[19] National Association of Realtors – "2019 Home Buyers and Sellers Generational Trends Report". Accessed March 1, 2021.
[20] Compass – "Pacific Union International Launches Private View™". Accessed March 1, 2021.
[21] Clever – "Everything you need to know about dual agency". Accessed March 1, 2021.
[22] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[23] National Association of Realtors – "Monthly Membership Report". Accessed March 1, 2021.
[25] National Association of Realtors – "MLS Clear Cooperation Policy". Accessed March 1, 2021.
[26] Realtors Confidence Index Survey – "May 2020 Realtors Confidence Index Survey". Accessed February 17, 2021.
[27] Realtors Confidence Index Survey – "May 2020 Realtors Confidence Index Survey". Accessed February 17, 2021.
[28] Realtor.com – "What Does 'Active With Backup Offers' Mean?". Accessed February 3, 2021.
[29] Realtors Confidence Index Survey – "Realtors Confidence Index Survey". Accessed February 1, 2021.

Related reading

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What Does Contingent Mean in Real Estate? https://semya-moya.ru/real-estate-blog/contingent-real-estate/ Fri, 05 Mar 2021 20:48:57 +0000 https://semya-moya.ru/contingent-real-estate/ When you discover a house designated as contingent during a house-hunting search, the word means something specific. Here's what to do.

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House hunting contingencies | Contingent offers can fail | Offers on contingent houses | Make an offer? | Contingencies in contracts | Home inspection contingency | Financing contingency | Appraisal contingency | Title contingency | Selling current home contingency | Attorney review contingency | Frequently asked questions

A contingency is a "condition that must be met before a contract is legally binding," according to the Federal Trade Commission.

When you discover a house marked as contingent during a house-hunting search, the word means something more specific: an offer has been made on the house, but an issue — the contingency — needs to be resolved before the deal closes.

» NEED A REALTOR? Get in touch to connect with top-rated realtors in your area.

You'll have to navigate various kinds of real estate contingencies during your home-buying process. More than three out of every four buyers face them, according to the May 2020 Realtors Confidence Index Survey.

Contingencies come in many forms. Each has a different potential impact on you, depending on whether you’re in the initial stages of your home search, or you’re in the thick of making an offer.

online real estate home search contingencies

What do real estate contingencies mean when you're house hunting?

Seeing a property listed as "contingent" may mean another party has already made an offer on the home, but it doesn't mean you’re out of luck as a potential bidder.

The parties are waiting to learn whether contingencies in the home-purchase contract will be met, and those contingencies have deadlines. Real estate contingencies operate on a range of timelines. Some need just 24 hours. Others offer several weeks to meet a condition. Timelines can vary by state and the parties involved.

Within those time frames, offers with contingencies can — and sometimes do — fall through.

How often do contingent offers fall through?

Failed contingent offer rates

Six percent of all home-purchase contracts were terminated in November 2020, according to that month's Realtors Confidence Index Survey. Those contracts most often fell through for the following reasons:

Appraisal Issues

A typical scenario: An independent appraiser found the value of the house to be lower than the agreed-upon cost of the house. The contingency let the buyer back out of the contract.

» READ: The Ultimate Home Appraisal Checklist

Financing Issues

A typical scenario: A buyer couldn’t secure a home mortgage loan in time and the deal fell through for financial reasons.

» READ: A Step-by-Step Guide to the Home Loan Process

Home Inspection Issues

A typical scenario: The home inspection revealed a deal-breaking issue for the buyer, like a leaky roof or a structural problem with the home's foundation.

» READ: 7 Must-Know Home Inspection Tips for Buyers

Title Issues

A typical scenario: There's a lien on the property. The new owner would potentially be responsible for unpaid debts.

» READ: 7 FAQs About Title Companies and What They Do at Closing

Other Contingency Issues

Three percent of terminated contracts failed due to other kinds of contingencies in the contract. Sometimes a buyer or seller will add a contingency unrelated to the above contingencies.

Can you make an offer on a contingent house before an offer falls through?

✅ Yes. However, you should know and understand the status of the contingencies to assess whether you want to proceed.

"You should review the Contingency Addendum or contract language in each contract to see what the terms and protections are for each party," says Dianne E. Keck, a partner in Home & Away Realty in Phoenix. "That is why it is critical to work with a licensee for the state in which you want to purchase or sell property."

Contingency statuses will vary by Multiple Listing Service (MLS), the private databases of real estate listings in different markets.

» READ: The Pros and Cons of a Multiple Listing Service in Real Estate

Below are four common contingency statuses you may come across:

Contingent - show

What the status means: The seller has accepted an offer with one or more contingencies, but continues to show the property to potential buyers. The seller will accept other offers. [30]

👉 Bottom line: You can make an offer, but you’ll be competing with others.

Contingent - No show

What the status means: The seller has accepted an offer with one or more contingencies and is no longer showing the property. However, the seller might accept other offers. Your agent may be able to help you learn more from the seller’s agent. [31]

👉 Bottom line: You can make an offer, but you’ll want to learn more about the specific situation from the seller to see if they’re really open to other offers.

Contingent with kick-out

What the status means: The seller has accepted an offer with contingencies. If they receive a better offer, the seller can give the first buyer the boot, even if the deadline is still running on the contingencies in the contract.

The kick-out clause usually kicks in after a period of time agreed to by both parties. [28]

👉 Bottom line: You can make an offer.

Contingent with no kick-out

What the status means: The seller has accepted an offer with contingencies but won’t boot the buyer for another offer unless the buyer doesn’t meet the contingencies set forth in the contract by the agreed-upon deadline. [32]

👉 Bottom line: You’re still in this, but only if the existing bidder fails to meet the contingencies in the home-purchase contract.

Is it smart to make an offer on a contingent house?

It depends on your specific situation and how strongly you feel about the house.

"Only a client can determine what is in their own best interests," says Phoenix-based agent Dianne Keck. "It's the job of a Realtor to explain the pros and cons of any decision, provide examples from their experience, and help the client consider what may come next in the process to anticipate consequences."

What do real estate contingencies mean when you're making an offer on a house?

When you're beyond the home-search phase and are a buyer making an offer, it's on you to meet whatever contingencies you've agreed to and are responsible for in the home-purchase contract.

You're in control. Mostly.

Sellers can have contingencies, too. Typically, though, you as a buyer will have to navigate the following common contingencies.

Home inspection contingency

What is it: A buyer pays for an independent inspection of the home, partly to hunt for deal-breaker issues with the property. Roofing, electrical, and plumbing issues are among the common reasons for failed home inspections.

A buyer who has a home inspection contingency and isn't satisfied with the state of the inspected home can walk away from the deal.

Sometimes, a buyer will instead negotiate for repairs or a reduced price on the home.

How common is a home inspection contingency? It's the most common real estate contingency, appearing in 59% of home-purchase contracts, according to the May 2020 Realtors Confidence Index Survey.

Home-inspection related contingencies

These contingencies may be included in the overall home inspection contingency, or they may be highlighted on their own:

🏠 Cost-of-repair contingency

This contingency caps the amount of money it could take to fix the issues found during the home inspection. If the estimated cost of the repairs exceeds this amount, the buyer can back out.

🏠 Termite certification contingency

If a home inspection finds extensive termite damage, a buyer can walk away from the deal.

Show more

Financing contingency

What is it: A buyer must be able to secure acceptable financing by a particular date in the home-buying process. Typically, that means qualifying for a home mortgage loan.

A buyer without secure financing can't buy the property and must drop out of the process.

How common is a financing contingency? It's the second-most common real estate contingency, appearing in 47% of home-purchase contracts, according to the May 2020 Realtors Confidence Index Survey.

Appraisal contingency

What is it: A home appraiser will evaluate the property and determine its fair-market value. If the appraised value comes in less than the purchase price, a buyer with an appraisal contingency may back out of the transaction. The buyer can also attempt to negotiate a lower price for the property.

The buyer typically pays for the appraisal.

How common is an appraisal contingency? It's the third-most common real estate contingency, appearing in 46% of home-purchase contracts, according to the May 2020 Realtors Confidence Index Survey.

Having clear title contingency

What is it: The clear title contingency allows the buyer to back out of the home purchase if the title to the house they’re buying isn't free and clear. For instance, a title might be found to have a lien against the property, or the boundaries of the property may be in dispute.

» READ: What to Know BEFORE Buying a House With a Lien Against It

How common is a clear title contingency? It's the fourth-most common real estate contingency, appearing in 12% of home-purchase contracts, according to the May 2020 Realtors Confidence Index Survey.

Selling current home contingency

What is it: A buyer may include a contingency that the sale only goes through if the buyer can sell their existing home.

A seller can also include a contingency that they'll only sell as long as they can buy a new property.

How common is a selling current home contingency? It's the fifth-most common real estate contingency, appearing in 6% of home-purchase contracts, according to the May 2020 Realtors Confidence Index Survey.

Attorney review contingency

What is it: The contingency allows a buyer to have an attorney review the home-purchase documents and note anything amiss in the paperwork.

How common is an attorney review contingency? Unknown. It's not included in the May 2020 Realtors Confidence Index Survey. However, real estate news source Inman reports that "one of the most common contingencies added to real estate contracts is a contingency for a 24-hour attorney review."

Frequently asked questions

Are contingencies common?

Yes. Seventy-six percent of home-purchase contracts contain contingencies from the buyer or seller, according to the May 2020 Realtors Confidence Index Survey.

Who’s most affected by contingencies?

Buyers. Typically, they have the most conditions to be met, or that they want met, when buying a home.

Among the most common are home inspection, financial, and appraisal contingencies.

What’s the most common contingency in a home purchase contract?

The home inspection contingency. It’s in 59% of contracts, according to the May 2020 Realtors Confidence Index Survey.

Should I avoid looking at or making an offer on a contingent home?

Not necessarily. Six percent of home contracts fell through in November 2020, according to that month's Realtors Confidence Index Survey.

Your odds aren’t great. But if you fall for a house and want to bid against the existing offer that contains contingencies, an opportunity reopens roughly one out of every 16 times.

Article Sources

[1] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 5, 2021.
[2] National Association of Realtors – "Monthly Membership Report". Accessed March 5, 2021.
[3] HomeLight – "Here’s How Many Real Estate Agents There Are in The U.S.". Accessed March 5, 2021.
[4] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[5] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[6] California Department of Real Estate – "Agency introduction". Accessed March 5, 2021.
[7] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[9] Zillow – "United States Home Values". Accessed March 11, 2021.
[10] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[11] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[12] HomeAdvisor – "How Much Does It Cost To Install A Light Fixture?". Accessed March 11, 2021.
[13] HomeAdvisor – "How Much Does It Cost To Install Recessed Lighting?". Accessed March 11, 2021.
[14] HomeAdvisor – "How Much Does It Cost To Refinish Cabinets?". Accessed March 11, 2021.
[15] HomeAdvisor – "How Much Does It Cost To Refinish Hardwood Floors?". Accessed March 11, 2021.
[16] HomeAdvisor – "How Much Does A Maid Cost?". Accessed March 11, 2021.
[17] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[18] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[19] National Association of Realtors – "2019 Home Buyers and Sellers Generational Trends Report". Accessed March 1, 2021.
[20] Compass – "Pacific Union International Launches Private View™". Accessed March 1, 2021.
[21] Clever – "Everything you need to know about dual agency". Accessed March 1, 2021.
[22] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[23] National Association of Realtors – "Monthly Membership Report". Accessed March 1, 2021.
[25] National Association of Realtors – "MLS Clear Cooperation Policy". Accessed March 1, 2021.
[26] Realtors Confidence Index Survey – "May 2020 Realtors Confidence Index Survey". Accessed February 17, 2021.
[27] Realtors Confidence Index Survey – "May 2020 Realtors Confidence Index Survey". Accessed February 17, 2021.
[28] Realtor.com – "What Does 'Active With Backup Offers' Mean?". Accessed February 3, 2021.
[29] Realtors Confidence Index Survey – "Realtors Confidence Index Survey". Accessed February 1, 2021.
[30] BAREIS Status List & Definitions – "BAREIS Status List & Definitions". Accessed January 15, 2021.
[31] BAREIS Status List & Definitions – "BAREIS Status List & Definitions". Accessed January 15, 2021.

Related reading

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What Does Active Mean in Real Estate? https://semya-moya.ru/real-estate-blog/active-mean-listing/ Tue, 16 Feb 2021 21:14:09 +0000 https://semya-moya.ru/active-mean-listing/ The straight-forward definition covers the basics. But there are important variations.

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Status: active | Active statuses | Active contingent | Active continue to show | Active first right | Active kick-out | Active no-show | Active option contract | Active under contract | Frequently asked questions

An active listing on a real estate portal means the corresponding property is currently for sale. The seller hasn't accepted any offers. You can make one if you're interested.

It's a straight-forward definition — except for several important variations.

Variations on the status: active

Several types of active statuses build on the core active listing status. Often, these variations indicate a buyer has made a bid that the seller has accepted.

These other active statuses can have slightly different names, depending on one's location or what real estate portal you're searching.

» READ: 15 Best Websites for Home Buyers

No matter what kind of active status you come across on a house, know this: you can still potentially put in a bid.

active listing illustration

Types of active statuses in real estate, explained

✍️ Editor’s note: Below, you'll find common descriptions of active statuses, but you might see variations depending where you live and where you're searching online.

Active contingent

The seller of a house with an active contingent status has accepted an offer, unlike a seller with a straight-up active listing.

An active contingent status signals that an accepted offer contains contingencies, which are conditions "that must be met before a contract is legally binding."[33]

In other words, it means another party has made an offer but some issues — the contingencies — need to be resolved before the deal can move forward.

The most common contingencies revolve around home inspections (59% of home-purchase contracts), financing (47%), and appraisals (46%).[34]

» READ MORE: What Does Contingent Mean in Real Estate?

The bottom line for a potential buyer of a house with active contingent status: Your odds aren't great. Only 6% of all home-purchase contracts fell through in November 2020, according to that month's Realtors Confidence Index Survey.

Still, a good agent can analyze your particular situation and potentially set you up to get an active contingent house.

» FIND A QUALIFIED AGENT: Connect with a top-rated realtor in your area

Active continue to show

Like active contingent, the status "active continue to show" means an offer has been made on a house, and it has been accepted by the seller.

With this status, the seller also publicly signals they're continuing to show the house and will accept backup offers.

📖 Fact About Contingencies

The original offer on an "active continue to show" house most likely will contain contingencies. According to the May 2020 Realtors Confidence Index Survey, 76% percent of contracts that month included them.

Show more

To find out more about an "active continue to show" property and the details of its status, have your agent talk to the seller's agent.

Active first right

The seller of a house with the status "active first right" has accepted an offer. The status also indicates the seller will entertain more offers.

The initial buyer, however, retains the right to match further offers.

In practice, the "active first right" status often indicates a buyer needs to sell their current home before they can complete the purchase of the new home.

📢 Example: How an 'active first right status' works

  • Buyer 1 submits a bid on a house that's contingent on selling their own house.
  • The seller continues taking bids, just in case Buyer 1 can't sell their house.
  • Buyer 2 makes an offer on the house.
  • Buyer 1 has the right to meet the offer that Buyer 2 makes on the house.
Show more

You may also see this status called "active right of first refusal," or "active rfr."

It can get complicated. But a good agent can help decipher the situation — and any baffling acronyms — for a home buyer.

» NEED A REALTOR? Get in touch to connect with top-rated realtors in your area.

Active kick-out

The seller of a house with an "active kick out" status has accepted an offer.

Additionally, the status indicates the seller will accept more offers, reserving the right to bypass the initial offer — that's the kick out — should a better offer arise.

If another offer comes in, the seller typically provides the first buyer a window of time to sweeten or move forward with the initial offer before getting the boot. Usually, the first buyer must respond within 72 hours.

Here's another situation where a good agent can advise you how to bid should you want to pursue a property with an "active kick-out" status.

Active no-show

An "active no-show" status indicates the seller isn't showing the property at the present time, even though it's an active listing.

The status doesn't indicate if the house has any offers.

A good agent can help you sleuth out more about the status of the property and whether you might be able to get a future showing.

Active option contract

An "active option contract" status means a seller has accepted an offer, and that the buyer has a period of time — the option period — to inspect the property.

📖 Active option contract variations

An "active option contract" status is similar to an "active contingent" status. According to Redfin, an active option contract is "called a contingency period or due diligence period" in some areas.

Show more

The buyer can back out of the deal, should they not be happy with what they find during the inspection.

» READ MORE: What Is an "Active Option Contract?" (In-Depth Explanation)

Active under contract

An "active under contract" status indicates a seller has accepted an offer that includes contingencies.

The sellers of an "active under contract" property usually want backup offers. Why? Because this status also often indicates the property is a short sale, which is subject to the approval of a third party.

📖 Short sale details

In a short sale, a house goes on sale for less than the amount owed on the seller's mortgage.

Often, it's a financially distressed seller facing foreclosure and the transaction needs to be approved by the seller's lender.

Because short sales need outside approval, they're more complex than a traditional sale. Sellers can hedge by looking for backup offers.

Show more

Frequently asked questions

How will I know if a house listing is active?

Almost any house listed on a real estate portal is an active listing.

A house that's inactive should be designated inactive on the site, or it simply won't appear in the listings.

Can you make an offer on a house that is active contingent?

Yes, but it will be a backup offer.

Backup offers follow the same process as a primary offer. But the seller won't seriously consider your secondary offer unless the first offer falls apart.

What does inactive status mean?

A house with an inactive status is, at that moment, no longer for sale.

It doesn't mean the house is permanently off the market. Inactive houses can become active again. For instance, a deal could fall through late in the home-purchase process, spurring the seller to put the house back on the market.

Article Sources

[1] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 5, 2021.
[2] National Association of Realtors – "Monthly Membership Report". Accessed March 5, 2021.
[3] HomeLight – "Here’s How Many Real Estate Agents There Are in The U.S.". Accessed March 5, 2021.
[4] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[5] Texas Real Estate Commission – "Is the use of a net listing agreement a breach of the broker’s fiduciary duty?". Accessed March 5, 2021.
[6] California Department of Real Estate – "Agency introduction". Accessed March 5, 2021.
[7] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[9] Zillow – "United States Home Values". Accessed March 11, 2021.
[10] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[11] HomeAdvisor – "How Much Does it Cost to Stage a House?". Accessed March 11, 2021.
[12] HomeAdvisor – "How Much Does It Cost To Install A Light Fixture?". Accessed March 11, 2021.
[13] HomeAdvisor – "How Much Does It Cost To Install Recessed Lighting?". Accessed March 11, 2021.
[14] HomeAdvisor – "How Much Does It Cost To Refinish Cabinets?". Accessed March 11, 2021.
[15] HomeAdvisor – "How Much Does It Cost To Refinish Hardwood Floors?". Accessed March 11, 2021.
[16] HomeAdvisor – "How Much Does A Maid Cost?". Accessed March 11, 2021.
[17] National Association of Realtors – "2019 Profile of Home Staging". Accessed March 11, 2021.
[18] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[19] National Association of Realtors – "2019 Home Buyers and Sellers Generational Trends Report". Accessed March 1, 2021.
[20] Compass – "Pacific Union International Launches Private View™". Accessed March 1, 2021.
[21] Clever – "Everything you need to know about dual agency". Accessed March 1, 2021.
[22] National Association of Realtors – "Multiple Listing Service (MLS): What Is It". Accessed March 1, 2021.
[23] National Association of Realtors – "Monthly Membership Report". Accessed March 1, 2021.
[25] National Association of Realtors – "MLS Clear Cooperation Policy". Accessed March 1, 2021.
[26] Realtors Confidence Index Survey – "May 2020 Realtors Confidence Index Survey". Accessed February 17, 2021.
[27] Realtors Confidence Index Survey – "May 2020 Realtors Confidence Index Survey". Accessed February 17, 2021.
[28] Realtor.com – "What Does 'Active With Backup Offers' Mean?". Accessed February 3, 2021.
[29] Realtors Confidence Index Survey – "Realtors Confidence Index Survey". Accessed February 1, 2021.
[30] BAREIS Status List & Definitions – "BAREIS Status List & Definitions". Accessed January 15, 2021.
[31] BAREIS Status List & Definitions – "BAREIS Status List & Definitions". Accessed January 15, 2021.
[33] FTC.gov – "The Real Estate Marketplace Glossary". Accessed February 15, 2021.
[34] National Association of Realtors – "May 2020 Realtors Confidence Index Survey". Accessed February 15, 2021.

Related reading

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Pending vs. Under Contract: What's the Difference in Real Estate? https://semya-moya.ru/real-estate-blog/pending-vs-under-contract/ Fri, 12 Feb 2021 23:27:03 +0000 https://semya-moya.ru/pending-vs-under-contract/ The most-relevant difference for a home buyer: a house that's pending is much further along on the home-purchase timeline. But there's more to know.

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Home-purchase timeline | Can you make an offer? | Under contract insights | Pending insights | Making a backup offer | Backup offer pros and cons | Your backup offer's chances | Frequently asked questions

Pending and under contract both signal that a buyer's offer on a house or property has been accepted by the seller.

The most relevant difference between pending and under contract for a house hunter is one of degree: a house that's pending is further along the home-purchase timeline than one that's under contract.

Neither pending nor under contract means a deal's locked up. You may still have a chance to buy a house with either status — but the odds are more in your favor if the house is under contract vs. pending.

A look at the home-purchase timeline helps explain why.

pending under contract illustration

A brief explanation of the home-purchase timeline

Here's a simplified timeline of important milestones in the home-purchase process, with a focus on the pending and under contract stages.

Milestone: Under contract

Once an offer on a house or property has been accepted by the seller, its status changes to under contract.

» READ: What Does Under Contract Mean?

During the under contract phase, the buyer and seller work to resolve the issues they've agreed to and included in the contract.

Some issues are relatively straightforward, like meeting a timeline or paying earnest money costs — a buyer's good-faith deposit that demonstrates their seriousness.

The biggest hurdles during the under contract phase are contingencies. These are conditions that must be met before a contract is considered legally binding. Major contingencies buyers typically include in home-purchase contracts revolve around financing, inspections, and appraisal.

» READ: What Does Contingent Mean in Real Estate?

Contingencies are often responsible for deals falling apart. For instance, if a buyer can't secure a mortgage, the contract terminates.

The most common contingency? Home inspection. It appears in 59% of home-purchase contracts, according to the May 2020 Realtors Confidence Index Survey.

Milestone: Pending

When the parties clear all the contingencies included in the contract, the status of the house becomes pending.

Deals in the pending stage are less likely to fall apart than those in the under contract phase. Those pesky contingencies that can cause a deal to die are in the rear view window, but the deal can still fall apart.

» READ: What Does Pending Mean in Real Estate?

When all of the issues surrounding the pending phase are cleared, the deal goes to closing. The buyer pays closing costs. Keys are handed over. Someone's got themselves a new house.

You can (often) make an offer on a house that's pending or under contract

Most of the time you can make an offer on a house that's pending or under contract, but not always. And when you make an offer, you’ll need to overcome significant obstacles to eventually secure the house.

Here's a deeper look through the lenses of pending vs. under contract:

Under contract: What a buyer should know

When a house is under contract, the seller and the initial buyer have agreed to timelines and settled on a price. A contract has been signed. But it's still near the start of a process that can extend for weeks, or even months.

The buyer and seller need to address the points they've agreed to in the contract. Because the process involves potential pitfalls, the seller of a house that's under contract typically accepts other offers.

In some places, you'll see the designation "active under contract," which publicly signals that the seller's still actively taking offers. Otherwise, your agent can talk to the seller's agent to determine the seller's position on accepting more offers.

» NEED A SAVVY AGENT? Connect with a top-rated agent in your area

Pending: What a buyer should know

Because the current buyer and seller are deeper into the process than they are when their deal goes under contract, pending presents a more narrow path to success for a potential buyer.

Sometimes, a property listing will feature a more detailed "pending — taking backups" designation, so you'll know the seller's open to an offer.

If you don't see such a designation, your agent can reach out to the seller's agent to find out where things stand with the initial buyer's offer and if the seller's accepting other offers.

» NEED A SAVVY AGENT? Connect with a top-rated agent in your area

How to make an offer on a house that's pending or under contract

It's the same process for either status: You make a backup offer.

A backup offer means a seller proactively takes secondary offers since the first offer could fall apart. The process usually follows the same trajectory as the primary offer, but becomes viable only if the initial offer terminates.

The pros and cons of a backup offer

Pros

  • You're reserving the next spot in line.
  • You're making it clear that you're a motivated buyer. Many sellers appreciate that.
❌ Cons

  • If the original offer goes off the rails because of major concerns like a flawed foundation or a leaky roof, those issues become your issues.
  • Playing the waiting game with your backup offer could hurt your ongoing house hunt. If there's a home on the market that's a better fit, you might never know about it. You're stuck on the home that's pending or under contract.
  • The seller could be using your backup offer to motivate the original buyer.
Show more

Again, a good agent can find out more information about why the seller's taking backup offers and can help determine whether your backup offer might stand a chance.

Buying a house that's pending or under contract: Straight talk about the odds

Failed contract rates

The odds of buying a house that's either pending or under contract are long. Six percent of overall contracts were terminated in November 2020, according to that month's Realtors Confidence Index Survey.

The main reasons the contracts within that 6% fell through:

Appraisal Issues

What might happen: A buyer opts out because the appraisal for the property comes in below the price settled on by the two parties.

» READ: The Ultimate Home Appraisal Checklist

Financing Issues

What might happen: A buyer can't close on a loan for a home mortgage and has no money to buy the property.

» READ: A Step-by-Step Guide to the Home Loan Process

Home Inspection Issues

What might happen: An inspection of the property unearths a significant problem, like a major structural or mold issue.

» READ: 7 Must-Know Home Inspection Tips for Buyers

Title Issues

What might happen: A lien — a legal claim against the current owners of a property — turns up in a title search, which could leave the new owner with the responsibility for the debts.

» READ: What to Know BEFORE Buying a House With a Lien Against It

Job Issues

What might happen: The buyer gets laid off and no longer has income.

These potential pitfalls in the home-purchase process are reasons for hope if you're looking to buy a house that's under contract or pending. You still have an opportunity, even if it's not an easy path.

A rock star agent at your side can help you figure out how to best position you to secure a home you love that's pending or under contract.

Frequently asked questions

What does pending mean?

Pending means a buyer has made an offer on a property and signed a home-purchase contract and that contingencies have been resolved by the buyer and seller.

You can make an offer on a pending house.

» READ MORE: What Does Pending Mean in Real Estate?

What does contingent mean?

A contingency is a "condition that must be met before a contract is legally binding," according to the Federal Trade Commission.

Contingencies are included in most home-purchase contracts and usually address financing, inspection, and appraisal concerns.

» READ MORE: What Does Contingent Mean in Real Estate?

Is pending better than contingent?

Pending isn't better than contingent for a potential buyer. It means the initial buyer has cleared their contingencies, but the deal isn't closed.

As a potential buyer, you're not out of the running for a house that's pending. But it's a longer shot than for a house that's designated as contingent.

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