Glossary · The transaction

Under Contract

A property is under contract once the seller accepts a buyer's offer and both sides sign the purchase agreement, but the sale has not yet closed. The deal is legally binding, subject to any remaining contingencies. During this period the parties work through inspections, appraisal, financing, and title, so an under-contract status does not guarantee the sale will complete.

How does under contract work?

After both parties sign, the clock starts on the contract's contingency periods. The buyer schedules inspections, the lender orders the appraisal and underwrites the loan, and title is reviewed. As each condition clears, the deal moves closer to closing and becomes harder to cancel.

Under contract is a stage, not a single moment. It spans everything between acceptance and closing, often 30 to 45 days.

Many steps must still succeed. If financing falls through or an inspection reveals major issues, a contingency may let the buyer cancel and recover the earnest money.

Why does under contract matter?

Under contract tells the market a home is spoken for but not sold. For buyers still searching, it signals the home is likely unavailable yet could return if the deal collapses. For the parties, it defines a binding period with deadlines that carry real consequences.

A meaningful share of under-contract deals fall through, so serious backup buyers sometimes keep watching the listing.

For the buyer and seller, the label marks the start of firm obligations. Missing a deadline or failing to perform can cost the earnest money or the deal itself.

What is the difference between under contract and pending?

Under contract is a broad term for any signed, not-yet-closed deal. In MLS listings it usually appears as contingent when conditions remain, or pending when the major contingencies are satisfied. Pending is closer to closing and less likely to fall through than a contingent listing.

Think of under contract as the umbrella, with contingent and pending marking how far along that contract has progressed.

Because a contingent home still has open conditions, buyers who missed out sometimes submit backup offers in case the primary deal fails. Terminology varies by MLS.

Worked example. For example, a seller accepts a 275,000 dollar offer on Monday and both parties sign. The home is now under contract. Over the next month the buyer completes an inspection, the lender orders an appraisal and finalizes the loan, and title is cleared. The listing shows as contingent, then pending, and finally sold once the deal closes and the deed records.

Common mistakes with Under Contract

  • Assuming an under-contract home is fully sold and giving up too early when a backup offer might still succeed.
  • As a buyer, treating under contract as final and skipping careful attention to your contingency deadlines.
  • As a seller, halting all backup interest before contingencies are removed and the deal is more secure.
  • Making major financial moves during the under-contract period that could threaten your loan approval.
  • Confusing the general term under contract with the specific MLS statuses of contingent and pending.
Related terms

Under Contract FAQ

Can I still make an offer on a home under contract?
Sometimes. Many sellers accept backup offers on a home under contract, especially while contingencies remain. A backup moves into first position if the primary deal falls through. Ask the listing agent whether backups are welcome, since a contingent home is more likely to return to the market than a pending one.
How often do under-contract deals fall through?
A notable share of deals collapse before closing, driven by financing denials, failed inspections, low appraisals, or title problems. The odds are higher earlier in the process when more contingencies remain open. This is why some buyers keep watching a home even after it goes under contract.
Is under contract the same as sold?
No. Under contract means a binding agreement exists but the sale has not closed, so ownership has not transferred. Sold means the deal has funded, the deed is recorded, and the buyer owns the home. Many things can still go wrong between under contract and sold.
How long does a home stay under contract?
Most homes stay under contract about 30 to 45 days, the typical time to finish inspections, appraisal, underwriting, and title work before closing. Cash deals can be shorter. Complications like repairs, appraisal disputes, or loan delays can extend the period, usually by written agreement between the parties.
Can a seller back out once under contract?
It is difficult. A signed purchase agreement binds the seller, so backing out without a contractual reason can expose them to legal consequences or forfeited remedies. Sellers generally can cancel only under specific contract terms or if the buyer defaults. Rules and remedies vary by state and contract.
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Jasper Lindqvist Commercial Real Estate Analyst

Jasper Lindqvist is a commercial real estate analyst who covers office, retail and industrial property trends, cap rates and vacancy using public REIT filings and market reports. He focuses on how commercial demand shifts ripple into residential markets.