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Contingent vs. Pending

May 21, 2021 by chorton Leave a Comment

Contingent vs. Pending: What Those MLS Statuses Really Mean in Texas

When your real estate broker lists your home in the MLS, it starts “Active,” which means it’s available for showings. From there, your listing can move through several other statuses before it finally says “Closed.” If you’ve ever wondered about the difference between Contingent and Pending—and how other labels like Coming Soon, Withdrawn, Canceled, or Expired fit in—this guide breaks it down in plain English with a Texas focus.

The Two Big Ones: Contingent vs. Pending

Contingent means the seller has accepted an offer, but certain conditions still need to be met. The contract is signed and binding, yet there’s still work to do (think inspections, financing, appraisal, title work, or the buyer selling another home). In most Texas MLSs, contingent properties can often still be shown and may accept back-up offers—your agent will set that strategy based on your goals.

Pending means the deal has cleared those major hurdles (or there were none to begin with). At this point, sellers typically stop showings and aren’t entertaining back-up offers because the home is expected to close.

A Texas-Specific Wrinkle: The Option Period and Local Status Names

Texas contracts commonly include an Option Period—a negotiated window (often about a week, but it varies) when the buyer can terminate for any reason, usually after inspections. This is unique to Texas, and it’s why you’ll see special status names in North Texas and surrounding markets: (Texas Real Estate Research Center)

  • Active Option Contract (OPT/AOC): The seller accepted an offer, and the buyer is in the option period. Home can still be shown and back-ups considered.
  • Active Contingent (CON/AC): The seller accepted an offer, but there are contingencies (financing, appraisal, etc.). Still showable; back-ups allowed.
  • Active Kick-Out (KO): The buyer’s offer depends on selling another property. The seller can “kick out” that offer if a stronger one comes along (there’s a specific addendum for this scenario).
  • Pending (PND): No remaining option/contingency periods; seller isn’t showing the home and isn’t taking back-ups.

Common Contingencies (and What They Do)

  • Inspection: Let buyers identify defects and negotiate repairs or credits. In Texas, this is typically handled within the Option Period. (trec.texas.gov)
  • Financing (Mortgage) Approval: Protects the buyer if the loan can’t be secured under the agreed terms.
  • Appraisal: Ensures the lender agrees the value supports the loan amount; a low appraisal may trigger renegotiation or cancellation depending on the contract.
  • Title: Confirms clear ownership and reveals liens or restrictions that could affect closing.
  • Sale of Other Property by Buyer: If the buyer must sell a current home first, Texas REALTORS® provides TXR 1908 / TREC 10-6 to document that. Sellers sometimes pair this with a Kick-Out right. (texasrealestate.com)

Back-Up Offers Are Real (and There’s a Form For That)

In Texas, sellers can accept a Back-Up Contract using TREC’s promulgated Addendum for “Back-Up” Contract (Form 11-8). The back-up becomes primary only if the first contract terminates; the addendum spells out deposits, time frames, and notice requirements. This tool helps sellers keep momentum—and helps buyers stay in the game on popular homes. (trec.texas.gov)

“Coming Soon,” DOM, and Why It Matters

Coming Soon status lets agents prep a property (photos, touch-ups, etc.) before it goes Active. In NTREIS (covering much of North Texas, including the Cross Timbers area), Coming Soon:

  • Is limited in duration (up to 30 days),
  • Prohibits showings, and
  • Doesn’t start Days on Market (DOM) until the listing switches to Active.

Also, remember NAR’s Clear Cooperation Policy: if a property is publicly marketed, it must be in the MLS within one business day—your agent will keep you compliant while maximizing exposure. (National Association of REALTORS®)

Other MLS Statuses You’ll See

  • Active: Available for showings.
  • Withdrawn: Temporarily not being shown under the current listing agreement.
  • Canceled: Listing agreement ended; seller is free to re-list with another broker.
  • Temporarily Off Market (TOM/Hold): Paused for a short time (illness, remodeling, etc.).
  • Expired: Listing term ended without a sale.
  • Closed/Sold: The sale was recorded.

Note: Status names and rules can vary slightly by MLS. In Houston (HAR), for example, you’ll see Option Pending (OP) and Pending Continue to Show (PCS) alongside Pending. Your local pro will translate the label into what it means for showings and negotiations. (content.harstatic.com)

How This Impacts Your Sale or Purchase

  • Sellers: “Contingent” and “Active Option” keep you open to showings and back-up offers; “Pending” usually means you stop showings and focus on closing. The right status strategy protects your leverage if the first deal wobbles.
  • Buyers: Don’t ignore contingent listings—many still accept back-ups. If you love a home, a clean, well-timed back-up (or a strong primary offer) can put you first in line. In Texas, back-ups are formalized with TREC’s addendum, so everyone knows the rules. (trec.texas.gov)

Working With Preferred Properties of Texas

Whether you’re listing in Stephenville or shopping across the Cross Timbers, we translate status jargon into a clear plan: when to show, when to negotiate, and when to pivot to a back-up. We’ll keep you compliant with MLS and Clear Cooperation rules while maximizing exposure and protecting your timeline.

Preferred Properties of Texas — The Preferred Way to Buy and Sell Real Estate
Call 254-965-7775 • Email pptxinfo@PreferredPropertiesTX.com


References

  • MetroTex/NTREIS: MLS Status Definitions & DOM rules (Coming Soon: limits, no showings; Active Option, Active Contingent, Kick-Out, Pending).
  • Option Period in Texas (how it works and timing). (Texas Real Estate Research Center)
  • NAR Clear Cooperation Policy (one business day rule once publicly marketed). (National Association of REALTORS®)
  • TREC Addendum for “Back-Up” Contract (Form 11-8) (official form and effective date). (trec.texas.gov)
  • HAR/Houston MLS status glossary (Option Pending, Pending Continue to Show). (content.harstatic.com)
Note: Local MLSs may label statuses differently and enforce different time limits. Your Preferred Properties of Texas agent will align your strategy to the rules of the specific MLS covering your property.

Filed Under: Blog, Buying a home, Contingent, Pending, Real Estate Advice, Selling Your Home Tagged With: Blog, buying a home, contingent, home pending, Homes for sale Stephenville TX, real estate, selling a home

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