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What Is "Under Contract" in Real Estate?

Ogheneochuko Evans Oghenemega Saturday, April 19, 2025 Real Estate

 
##Introduction In real estate, the journey from listing a property to finalizing a sale involves several critical steps. One of the most important milestones in this process is when a property goes "under contract." Whether you're a buyer, seller, or simply someone curious about the real estate world, understanding what it means for a property to be "under contract" can help you navigate real estate transactions with greater confidence and clarity. ##What is the Term "Under Contract" When a property is marked as "under contract," it means that the seller has accepted an offer from a buyer, and both parties have signed a legally binding agreement outlining the terms of the sale. However, it does not mean that the transaction is complete. The property is still technically in play, subject to conditions (also known as contingencies) that must be fulfilled for the sale to be finalized. ##How a Property Becomes "Under Contract" The process typically follows these steps: Offer Submission: A buyer submits an offer to purchase the property, including terms such as price, closing date, and contingencies. Negotiation: The buyer and seller may negotiate the offer terms until a mutually acceptable agreement is reached. Acceptance: Once the seller accepts the offer, both parties sign a purchase agreement, and the home is considered “under contract.” At this point, the seller generally cannot accept another offer unless certain contractual exceptions are included. ##Key Components of a Real Estate Contract A real estate contract underpins the "under contract" status. Some key components typically included are: Purchase price Earnest money deposit Closing date Contingencies Property inclusions/exclusions Financing terms Signatures of both parties This contract becomes the foundation of the transaction and protects the rights of both buyer and seller. ##Contingencies in Real Estate Contracts Contingencies are conditions that must be met for the contract to move forward. These clauses provide a legal way for a party to exit the agreement if certain conditions are not satisfied. They act as a safety net and are crucial for buyers and sellers alike. ##Common Types of Contingencies Here are the most frequently used contingencies: a. Home Inspection Contingency: Allows the buyer to have the property professionally inspected. If significant issues are found, the buyer can negotiate repairs, request a price reduction, or withdraw from the deal. b. Financing Contingency: Protects the buyer in case they are unable to secure a mortgage loan within a specified period. c. Appraisal Contingency: Ensures that the property's appraised value is equal to or greater than the agreed-upon purchase price. If the appraisal comes in low, the buyer can renegotiate or walk away. d. Title Contingency: Ensures that the property’s title is clear of legal encumbrances, liens, or disputes before the sale is finalized. e. Home Sale Contingency: Allows the buyer time to sell their current home before finalizing the purchase of a new one. ##What Happens After a Property Goes Under Contract? Once under contract, a series of steps begin: Due diligence period: Inspections and appraisals are conducted. Title search and insurance: Legal checks are performed to confirm the seller has the right to sell the property. Loan approval process: The lender verifies financials and finalizes the mortgage. Closing preparation: Final documents are drafted, reviewed, and signed. During this phase, if contingencies are not met, the deal can fall through. ##Can a Contract Be Canceled? Yes, but under specific conditions: Mutual Agreement: Both parties agree to terminate the contract. Contingency Clause Activation: A valid contingency is not met (e.g., failed inspection or financing). Breach of Contract: One party fails to fulfill their obligations, giving the other party legal grounds to terminate. A contract cancellation may come with consequences such as forfeiting the earnest money or potential legal action. ##Under Contract vs. Pending: What’s the Difference? While these terms are often used interchangeably, there is a subtle difference: a. Under Contract: The property has a signed agreement but may still have active contingencies. b. Pending: All contingencies have been satisfied or waived, and the deal is moving toward closing. In a "pending" status, the likelihood of the deal falling through is lower. ##Tips for Buyers and Sellers a. For Buyers: Move quickly when you find a property you like; homes can go under contract fast. Understand contingencies and deadlines. Don’t waive important protections unless advised by a trusted real estate professional. b. For Sellers: Evaluate offers carefully, not just on price, but also on the strength of the buyer's financials and proposed contingencies. Continue showing the property (if allowed) until contingencies are removed. Work with a real estate attorney or agent to ensure your interests are protected. ##Conclusion Understanding what it means for a property to be "under contract" is essential in real estate. It represents a significant step toward a successful sale but is not the final destination. Knowing the implications of this phase—from the contingencies involved to the rights and responsibilities of each party—can empower buyers and sellers to make smarter, more informed decisions throughout the transaction process. Whether you’re entering the market for the first time or are a seasoned investor, grasping the nuances of the "under contract" stage is key to closing the deal smoothly and successfully.

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What Is "Under Contract" in Real Estate?

Ogheneochuko Evans Oghenemega Saturday, April 19, 2025 Real Estate

 
##Introduction In real estate, the journey from listing a property to finalizing a sale involves several critical steps. One of the most important milestones in this process is when a property goes "under contract." Whether you're a buyer, seller, or simply someone curious about the real estate world, understanding what it means for a property to be "under contract" can help you navigate real estate transactions with greater confidence and clarity. ##What is the Term "Under Contract" When a property is marked as "under contract," it means that the seller has accepted an offer from a buyer, and both parties have signed a legally binding agreement outlining the terms of the sale. However, it does not mean that the transaction is complete. The property is still technically in play, subject to conditions (also known as contingencies) that must be fulfilled for the sale to be finalized. ##How a Property Becomes "Under Contract" The process typically follows these steps: Offer Submission: A buyer submits an offer to purchase the property, including terms such as price, closing date, and contingencies. Negotiation: The buyer and seller may negotiate the offer terms until a mutually acceptable agreement is reached. Acceptance: Once the seller accepts the offer, both parties sign a purchase agreement, and the home is considered “under contract.” At this point, the seller generally cannot accept another offer unless certain contractual exceptions are included. ##Key Components of a Real Estate Contract A real estate contract underpins the "under contract" status. Some key components typically included are: Purchase price Earnest money deposit Closing date Contingencies Property inclusions/exclusions Financing terms Signatures of both parties This contract becomes the foundation of the transaction and protects the rights of both buyer and seller. ##Contingencies in Real Estate Contracts Contingencies are conditions that must be met for the contract to move forward. These clauses provide a legal way for a party to exit the agreement if certain conditions are not satisfied. They act as a safety net and are crucial for buyers and sellers alike. ##Common Types of Contingencies Here are the most frequently used contingencies: a. Home Inspection Contingency: Allows the buyer to have the property professionally inspected. If significant issues are found, the buyer can negotiate repairs, request a price reduction, or withdraw from the deal. b. Financing Contingency: Protects the buyer in case they are unable to secure a mortgage loan within a specified period. c. Appraisal Contingency: Ensures that the property's appraised value is equal to or greater than the agreed-upon purchase price. If the appraisal comes in low, the buyer can renegotiate or walk away. d. Title Contingency: Ensures that the property’s title is clear of legal encumbrances, liens, or disputes before the sale is finalized. e. Home Sale Contingency: Allows the buyer time to sell their current home before finalizing the purchase of a new one. ##What Happens After a Property Goes Under Contract? Once under contract, a series of steps begin: Due diligence period: Inspections and appraisals are conducted. Title search and insurance: Legal checks are performed to confirm the seller has the right to sell the property. Loan approval process: The lender verifies financials and finalizes the mortgage. Closing preparation: Final documents are drafted, reviewed, and signed. During this phase, if contingencies are not met, the deal can fall through. ##Can a Contract Be Canceled? Yes, but under specific conditions: Mutual Agreement: Both parties agree to terminate the contract. Contingency Clause Activation: A valid contingency is not met (e.g., failed inspection or financing). Breach of Contract: One party fails to fulfill their obligations, giving the other party legal grounds to terminate. A contract cancellation may come with consequences such as forfeiting the earnest money or potential legal action. ##Under Contract vs. Pending: What’s the Difference? While these terms are often used interchangeably, there is a subtle difference: a. Under Contract: The property has a signed agreement but may still have active contingencies. b. Pending: All contingencies have been satisfied or waived, and the deal is moving toward closing. In a "pending" status, the likelihood of the deal falling through is lower. ##Tips for Buyers and Sellers a. For Buyers: Move quickly when you find a property you like; homes can go under contract fast. Understand contingencies and deadlines. Don’t waive important protections unless advised by a trusted real estate professional. b. For Sellers: Evaluate offers carefully, not just on price, but also on the strength of the buyer's financials and proposed contingencies. Continue showing the property (if allowed) until contingencies are removed. Work with a real estate attorney or agent to ensure your interests are protected. ##Conclusion Understanding what it means for a property to be "under contract" is essential in real estate. It represents a significant step toward a successful sale but is not the final destination. Knowing the implications of this phase—from the contingencies involved to the rights and responsibilities of each party—can empower buyers and sellers to make smarter, more informed decisions throughout the transaction process. Whether you’re entering the market for the first time or are a seasoned investor, grasping the nuances of the "under contract" stage is key to closing the deal smoothly and successfully.

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