Understanding this critical phase in your real estate transaction
Last Updated: January 2026
When you're searching for a home and see a listing marked as "under contract," it means a seller has accepted a buyer's offer, and both parties have signed a purchase agreement. However, the sale isn't final yet, the property must still go through various contingencies and inspections before closing. Understanding what under contract means in real estate can help you navigate the home buying process more confidently, whether you're a buyer hoping to make a backup offer or a seller weighing multiple offers.
In this comprehensive guide, we'll explain exactly what happens when a home goes under contract, how long this phase typically lasts, and what it means for all parties involved in the real estate transaction.
Under contract is a real estate term indicating that a buyer and seller have mutually agreed to the terms of a purchase agreement and have both signed the contract. At this point, the home is no longer actively available for sale, but the transaction isn't complete. The property must still pass through contingency periods, inspections, appraisals, and financing approval before the deal officially closes.
When a property is under contract, the seller has typically agreed to stop accepting new offers (though they may accept backup offers). The buyer, in turn, has submitted an earnest money deposit to demonstrate their commitment to purchasing the home.
You may see listings marked as either "under contract" or "pending", and the distinction matters. While both indicate a sale is in progress, they represent different stages of the transaction.
| Status | What It Means | Likelihood of Falling Through |
|---|---|---|
| Under Contract | Contract signed, contingencies still active | Moderate (5-15%) |
| Pending | All contingencies removed or satisfied | Low (1-5%) |
| Active Under Contract | Under contract but accepting backup offers | Higher (may have issues) |
A property is "under contract" when contingencies are still in place. The buyer may still need to complete their home inspection, secure financing, or sell their current home. During this phase, there's a reasonable chance the deal could fall apart if a contingency isn't satisfied.
A "pending" listing typically means all contingencies have been waived or satisfied, and the sale is proceeding toward closing. At this stage, the deal is much more likely to close successfully. Some Multiple Listing Services (MLS) use "pending" and "under contract" interchangeably, so check with your real estate agent about local conventions.
Once both parties sign the purchase agreement, a series of steps must be completed before closing. Here's the typical timeline and process:
Within 1-3 days of contract signing, the buyer submits their earnest money deposit (typically 1-3% of the purchase price) to an escrow account. This deposit shows the seller the buyer is serious and provides financial protection if the buyer defaults without a valid contingency.
The buyer arranges a professional home inspection, usually within 7-14 days of contract signing. The inspector examines the property's major systems, foundation, roof, plumbing, electrical, HVAC, and provides a detailed report. Based on findings, the buyer can:
The buyer's lender orders an appraisal to ensure the home's value supports the loan amount. If the appraisal comes in lower than the purchase price, negotiations may be needed, the buyer may need to pay the difference in cash, the seller may lower the price, or the parties may meet somewhere in the middle.
The buyer works with their mortgage lender to finalize loan approval. This involves verifying income, employment, assets, and credit. The lender reviews all documentation before issuing a clear-to-close, confirming they're ready to fund the loan at closing.
A title company researches the property's ownership history to ensure there are no liens, claims, or other issues. Title insurance protects the buyer and lender against any title defects discovered after closing.
Shortly before closing (often the day before or morning of), the buyer conducts a final walkthrough to verify the home's condition matches what was agreed upon and that any negotiated repairs have been completed.
The under contract period typically lasts 30 to 60 days, though this varies based on several factors:
| Factor | Impact on Timeline |
|---|---|
| Cash purchase | Faster (14-21 days possible) |
| Conventional loan | 30-45 days typical |
| FHA or VA loan | 45-60 days (additional requirements) |
| Complex title issues | Can add weeks or months |
| Repair negotiations | May extend timeline 1-2 weeks |
Yes, deals do fall through during the under contract phase. According to the National Association of Realtors, approximately 4-7% of real estate contracts fail to close. Common reasons include:
If a deal falls through due to a valid contingency (failed inspection, financing denial, low appraisal), the buyer typically gets their earnest money back. However, if the buyer backs out for reasons not covered by contingencies, the seller may be entitled to keep the earnest money. Learn more about when earnest money is refundable.
If you're a buyer and the home you want is under contract, you have a few options:
When your home goes under contract, you should:
Yes, you can submit a backup offer on a home that's under contract. If the primary buyer's deal falls through, your offer would be considered next. Ask your real estate agent about the seller's willingness to accept backup offers.
Approximately 4-7% of real estate contracts fail before closing. Properties with "active under contract" status or those with financing contingencies are more likely to return to the market.
"Contingent" and "under contract" are often used interchangeably. Both mean the seller has accepted an offer with conditions that must be met. Some MLS systems use "contingent" to specifically highlight active contingencies like home sale contingencies.
Sellers can legally back out if the buyer fails to meet contract terms or contingency deadlines. However, backing out without cause can result in the buyer suing for specific performance (forcing the sale) or seeking damages.
No, under contract does not mean sold. It means a buyer and seller have agreed to terms, but the sale must still clear contingencies, secure financing, and close. The home is only "sold" after closing when the deed transfers to the buyer.
When a home is under contract, it means the buyer and seller have agreed on terms and signed a purchase agreement, but the sale isn't final. The property must still pass through inspections, appraisals, and financing approval before closing. Understanding this critical phase helps both buyers and sellers set realistic expectations and navigate the process successfully.
If you're buying a home, work with an experienced real estate agent near you who can explain local market conventions, help you submit competitive offers, and guide you through the under contract period. Their expertise can make the difference between a smooth closing and a deal that falls apart.
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