Pending vs. Under Contract: What's the Difference?

If you've been shopping for a home, found one you love but missed the window to make an offer, and are now refreshing the listing every few hours to see whether "pending" or "under contract" has changed, you're not alone. It's one of the most nerve-racking moments in a home search: You found a place that's a good fit for you, and now a label you don't fully understand is standing between you and it. The question underneath all that refreshing is simple. Is this house gone, or can you still get it?

Both pending and under contract mean the same basic thing: the seller accepted an offer. The usual distinction is how far along the deal is. Under contract typically means an offer is accepted but contingencies like inspection, appraisal, or financing are still open. Pending usually means those contingencies have cleared and the sale is heading toward closing.

That tidy distinction comes with a big caveat, though. What each label really means depends on your market, your local MLS, and which website you're looking at. The label is a starting point, not an answer. Two sites can show the same house differently on the same afternoon, and a home can go "pending" the day it's listed. So treat the status as a clue, then dig for the real story.

These are the common national meanings. Your local MLS may use different labels, or skip some of these entirely:

Status	What It Means	Buyer Chances
Under contract	Offer accepted, contingencies still active (inspection, appraisal, financing)	Moderate: Sellers often accept backup offers
Pending	Most or all contingencies cleared; final steps toward closing	Low: Sellers might or might not take a backup offer
Pending, taking backups	Seller explicitly open to backup offers	Higher chance than standard pending

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Listing statuses aren't standardized nationwide

There is no single national rulebook for what these statuses mean. The label you're staring at can mean one thing in Phoenix, something different in Dallas, and something different again in Brooklyn. Same word, different reality. That's the reason two websites can disagree about the same house, and the reason "pending equals gone" is wrong often enough to cost people the home they wanted. Once you know the labels aren't reliable on their own, you stop over-reading them and start asking the questions that tell you where a deal really stands.

What your local MLS calls it depends on where you are

The clearest way to see this is to look at how different markets label the same moment in a deal.

For example, in Arizona instead of a plain "contingent" status, the local MLS uses codes like UCB (Under Contract–Backups) and CCBS (Contract Contingent on Buyer Sale). Jim Gruler, an Arizona licensed real estate broker and co-founder of Seeking Agents, says these statuses aren't standardized across the country, and that public real estate websites often simplify or rename them, which can leave buyers with a different impression than what the MLS is communicating. So a buyer relocating from another state sees an unfamiliar acronym, guesses at what it means, and often guesses wrong.

Texas runs on a different system. Humberto Marquez, a licensed broker and CEO of Surge Property Management, points out that most Texas MLSs don't even have a "contingent" status. Instead there's "Active Option Contract," where the seller has accepted an offer but the buyer paid for a 7-to-10-day option period during which they can walk away for any reason at all. During that window the seller can still take backup offers. Once the option period expires, the listing moves to "pending." A buyer coming from a "contingent" market has no framework for that.

Then there's New York. Anthony Guerriero of Manhattan Miami Real Estate notes that in NYC, there is no single MLS, with listings spread across StreetEasy, OLR (ON-LINE RESIDENTIAL), and the RLS feed (the Real Estate Board of New York, or REBNY's, MLS feed), and labels that aren't uniform between them. The status that matters most there is "in contract," which usually means a signed contract plus a deposit down. That's much harder to unwind than a national "pending."

His Miami business, by contrast, runs on a standard MLS where active, active under contract, and pending track to the usual definitions.

What "active under contract" really means

"Active under contract" sounds like a contradiction. How can a home be active and under contract at the same time? Usually it means the seller accepted an offer but isn't fully confident it will close, so they keep the listing visible and backups warm.

Drew Heberer, an owner, investor, and Realtor working across Iowa and Illinois, gives the plain-language read: in his markets the status means, as he puts it, "we've accepted an offer but we don't trust this deal yet."

It often shows up, he says, with an FHA buyer on a weak pre-approval or a home-sale contingency the seller isn't thrilled about. That reframes the label as a signal of how strong the deal is, not just a definition.

Heberer also offers a useful read on timing: if a home sits in that status for more than a week, that can be a sign the deal is wobbling, which is exactly when a backup offer is worth a serious look.

Why Zillow and Redfin don't always match reality

The status you see on Zillow or Redfin is frequently not the current one. These portals don't pull live data from the MLS. They run on scheduled syncs, so there's a lag between when a listing agent updates the MLS and when the change shows up online.

Devin Henry, president of Nomadic Real Estate in the Washington, D.C., Maryland, and Virginia areas, watched this play out on one of his own listings. It kept showing "active" on Redfin for nearly a week after the home went pending, and buyers were calling his seller directly about a house that was already under contract. The result was a string of wasted showings. Most portals sync on a schedule rather than in real time, so a lag of a day or two is normal.

How long is the lag? Agents put it at typically 24 to 72 hours behind the MLS, though it can be as short as a few minutes or as long as a couple of weeks, especially over weekends and holidays. And "accepting backup offers" on a portal is one of the least reliable flags of all: it's sometimes stale, and sometimes just there to pull in leads. The takeaway is blunt. The MLS is the source of truth, and only an agent has live access to it. When a portal and reality disagree, reality wins.

The stages of a home sale, from active to sold

A property listing generally needs to pass through various stages or statuses before the home is considered sold and can legally change hands. With that caveat in place, here's the standard lifecycle a listing moves through, keeping in mind that the exact label at each stage can vary by market.

Here are the important milestones in the home-sale process and the listing statuses accompanying each phase.

Active listing

An active listing on a real estate portal means the property is currently for sale, and the seller is actively seeking a buyer. The home is available for viewing, and the seller accepts and reviews offers.

For buyers, this means that there are no contracts in place. So this is a good time to put in an offer. However, remember that you likely won’t be the only person looking at the property.

The status of a property can change quickly, especially in active markets. So, if you’re interested, you’ll want to consult with your real estate agent and make an offer as soon as possible.

Under contract or contingent

A home marked under contract means the seller has accepted a buyer’s offer, but key steps agreed on in the home purchase contract still need to be completed before closing. Most MLS systems use “under contract,” “contingent,” or “active under contract” interchangeably to signal that the sale depends on meeting certain conditions.

Common contingencies include:

• Inspection contingency: buyer can negotiate repairs or walk away
• Appraisal contingency: lender must confirm the home’s value
• Financing contingency: buyer must secure their loan
• Home sale contingency: buyer must sell their existing home

Because these conditions are unresolved, many sellers still consider backup offers during this phase. If the original buyer withdraws for inspection issues, financing problems, or missed deadlines, the backup buyer moves to the front of the line.

Prospective buyers can make an offer on a contingent property. However, your offer is a backup and typically only considered if the original deal falls through due to unmet contingencies or missed deadlines. 

Pending

A listing marked pending indicates the transaction is approaching closing. Most contingencies have been met — inspections completed, financing approved, and title work underway. At this point, the sale is less likely to fall apart, though delays or last-minute issues can still occur.

Some MLS systems include variations such as:

• Pending — taking backups: Seller is still open to backup offers
• Pending — short sale: Approval from the seller’s lender is needed
• Pending — over 4 months: Indicates delays that may create an opening for new buyers

If you’re interested in a pending property, your agent can contact the listing agent to determine whether the seller is accepting backup offers.

Sold

A house listed as sold or closed is no longer available. Typically, the listing agent updates the status within three days of the property closing. In this case, all a prospective buyer can do is contact the new owner to see if they're willing to sell.

A home listed as sold or closed is off the market, and the listing agent usually updates the status within a few days of closing. At that point, the only move is to contact the new owner and hope they're open to selling. (A small share of homes sell off-market and never appear as active on the MLS, but that's a separate search problem from chasing a pending listing.)

Can you still make an offer?

Yes — in most cases you can submit a backup offer, but your odds depend heavily on the listing status.

• Under contract: Best chance. Contingencies are still active, so deals fall through more often.
• Pending: Lower chance. Most contingencies are resolved, but issues can still arise.
• Pending — taking backups: Worth pursuing. The seller explicitly wants backup offers.

Backup offers can be effective in competitive markets, where buyers often pull out due to inspection issues, financing changes, or appraisal gaps. A top local agent can assess the likelihood that a backup offer will be successful and help you decide how aggressively to structure yours.

The status is a starting point; the real information comes from what the listing agent tells you.

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

Yes, you can make an offer on a house under contract, known as a backup offer. Your backup offer is a contingency plan for the seller if the initial deal falls through.

At this stage, there are still many potential reasons that the original buyer’s offer could fall through, such as problems securing financing, unexpected issues with the home inspection, or home appraisal discrepancies. In this case, sellers may prefer to consider backup offers to avoid putting the home back on the market and starting over if the original deal falls through.

Submitting a backup offer can work for buyers, especially in competitive real estate markets where properties often receive multiple offers. However, remember that your offer will typically only be considered if the initial contract is canceled.

You’ll need to be prepared to wait and potentially receive only limited updates until the initial offer is resolved. A real estate agent can guide the likelihood that your backup offer could be accepted and if it's worth putting in the offer.

If you want to put in a backup offer, Ryan Fitzgerald, realtor and owner of Raleigh Realty, recommends buyers “submit your strongest possible offer but know that the seller has no obligation to consider your offer further since the home is under contract.”

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

Yes, you technically can make an offer on a pending house. However, the chances of the original deal falling apart at this stage are low since the current buyer and seller are deeper into the process.

For instance, the buyer typically has secured financing, inspections and appraisals are completed, and other contingencies have been met. As a result, some sellers won't consider other offers.

“In my experience, deals can fall apart at any stage,” states Noah Guthart, COO and founder of Panacrypto, a luxury real estate brokerage. “But the likelihood of a deal falling through is lower once all contingencies are cleared.”

However, a property listing will sometimes 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 contact the seller’s agent to find out how things stand with the initial buyer’s offer and if the seller accepts backup offers.

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

Pros and cons of making a backup offer

Is a backup offer worth it?

Before you call anyone, score your own situation across five variables. The more that line up in your favor, the more sense a backup offer makes.

1. Status and backups: Is the home under contract (better odds) or pending (longer odds)? And has the seller confirmed, in writing, that they're taking backups? A "pending, taking backups" label or a written yes is a green light; a hard no is your cue to move on.
2. Open contingencies: Which conditions are still unresolved? A deal with an open inspection, appraisal, or financing contingency has more ways to fall apart than one where everything has cleared.
3. The current buyer's timeline: How far along is the first buyer? Inspection done, appraisal ordered, financing cleared? The earlier they are, the more room there is for the deal to die.
4. Your earnest money exposure: How much would you lock up, and for how long? Know what you're tying up before you commit it.
5. Your own timeline: Can you afford to wait, or do you need a home now? A backup only makes sense if you have the patience for it and a plan B you're comfortable with.

If most of those point your way, a backup offer is worth writing. If they don't, your time is better spent on the next listing.

The exact questions to have your agent ask

"Talk to your agent" is common advice, but it helps to know what to have them ask. Heberer boils it down to four questions to put to the listing agent before you chase a home: what's the contingency, where are they in the inspection period, is it a cash or financed buyer, and are they accepting backups in writing. His rule on that last one is direct: if the answer to number four is no, you drop it. If it's a yes, and the current buyer is financed in a competitive market, you have a real shot.

Backups do convert. Henry recalls a client who landed a home three weeks after it went pending: the original buyer's financing collapsed, and because the client had stayed in touch with the listing agent, they were first in line when it did.

A good real estate agent can determine how open the seller is to taking backup offers and help you determine whether your offer may stand a chance. This step lets you avoid wasting your time if the seller isn’t accepting offers or the chance of success is very low.

When making a backup offer, you should submit a strong, competitive offer, especially since the seller may have other backup offers to consider.

For instance, Brett Johnson, real estate agent and owner of New Era Home Buyers, stated, “I once had a client secure a home listed as “active-kick out” by offering a stronger, non-contingent deal, which the seller couldn’t resist.”

Making a backup offer allows you to still buy the house if the initial deal is canceled. However, making a backup offer can have drawbacks. For instance, you’ll need to make an earnest money deposit, which could tie up your money until the initial deal is resolved.

How often do these deals fall through?

No status is truly safe until the deed is recorded. Every contract is contingent on something, and until the paperwork is final, there's always a chance, however small, that a home comes back around on the market.

That said, the odds of a home sale falling through once it's under contract are low. According to the National Association of Realtors, about 5% of contracts were terminated in the three moths leading up to its most recent survey.[1]

However, every transaction is unique. So, if you’re interested in a property, talk with your buyer’s agent.

Eric Bramlett, realtor and owner of Bramlett Real Estate, states, “It’s hard to assign exact odds. Each case varies. I’ve seen deals fall through late due to major life changes, buyers backing out, or unknown deal-killers cropping up.”

As for why deals collapse, the causes have stayed consistent over time. NAR's research points to home inspections, buyer financing, and appraisal issues as the top three.[2]

• Inspection issues. The most common deal-killer. Serious problems surface during the inspection, and the buyer and seller can't agree on repairs or credits. If the buyer walks, that's your opening, but the same issues become your problem if you step in.
• Financing falls through. Even preapproved buyers can lose financing. Rates can move, a job can change, or a credit score can dip during underwriting. And most buyers do finance: only about 25% of buyers paid all cash in NAR's late-2025 surveys, down from 29% a year earlier. [Source: National Association of REALTORS, December 2025 REALTORS Confidence Index Survey, https://cms.nar.realtor/sites/default/files/2026-01/2025-12-realtors-confidence-index-01-21-2026.pdf, January 21, 2026]
• Appraisal gaps. If the lender's appraisal comes in below the agreed price, the buyer has to cover the difference in cash or renegotiate. If neither works, the deal can die, since the lender will only finance up to the appraised value.
• Buyers underestimate the costs. Insurance, taxes, and closing fees add up, and some buyers realize too late that the numbers don't work.
• A better offer arrives. If the contract has a kick-out clause, the seller can keep showing the home and accept a stronger or faster offer, bumping the original buyer.
• Missed deadlines. Real estate contracts run on strict timelines. Miss one, and the deal can be terminated.
• Title issues. A lien or ownership question turns up in the title search. If it can't be cleared in the agreed window, the buyer can cancel.

One more piece of context to keep the fear in check: distressed sales, the foreclosures and short sales that fueled fall-throughs during the 2008 crisis, made up only about 3% of sales in mid-2025, versus 49% at the 2009 peak.

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