Real estate & settlement glossary
Contingent
"Contingent" is the status a listing takes on once a seller has accepted an offer that still carries conditions. The contract is signed and binding, but it contains escape hatches: specific things that must happen by specific dates, or the buyer can walk away and keep their deposit. Until every one of those conditions is satisfied or waived, the sale is not certain.
The four conditions that appear most often are financing (the buyer's loan is actually approved, not merely pre-qualified), appraisal (the property appraises at or above the contract price), inspection (the buyer accepts the property's condition, or the parties agree on repairs), and home-sale (the buyer's existing home closes first). Each has its own deadline written into the contract, and each is a real point at which a deal can end.
This is why a contingent listing is different from a pending one. Contingent means conditions are still outstanding. Pending generally means they have been cleared and the file is moving toward settlement. A buyer watching a contingent property is watching something that genuinely might come back on the market — which is why some listings accept backup offers while contingent.
From the settlement side, the contingency period is when the title search happens. If the search turns up an unreleased lien, an old deed of trust that was never marked satisfied, or a boundary problem, that discovery lands while the contingencies are still live — which is precisely when there is still room to resolve it before closing.
How this works across the DMV
The same term behaves differently on either side of the river. This is what changes by jurisdiction.
Northern Virginia contracts commonly use the standard NVAR forms, where inspection is structured as a defined contingency period with a specific number of days. Virginia is a deed-of-trust state and closings are conducted by a settlement agent rather than an attorney, so the contingency clock and the title work run in parallel from the same file.
Maryland contracts frequently carry a financing contingency tied to a stated loan type and rate ceiling, and Maryland's statutory disclosure or disclaimer election sits alongside the inspection contingency. Montgomery and Prince George's County transactions also commonly involve HOA or condo document review periods, which run on their own statutory clock separate from the inspection deadline.
District contracts routinely include a condominium or cooperative document review period, and DC's rules around tenant purchase rights can add a step that has no equivalent across the river. A tenant-occupied property in the District may require that the tenant's right of first refusal be resolved before the sale can proceed, which functions in practice as an additional condition on the deal.
This page explains how transactions customarily work in Washington, DC, Maryland and Virginia. It is general information, not legal or tax advice, and it cannot account for the facts of a specific transaction. For advice on your situation, speak with an attorney or tax professional.
Frequently Asked Questions
Can you still make an offer on a contingent house?
Often yes. Many sellers continue to accept backup offers while a listing is contingent, precisely because the contingencies might not clear. A backup offer takes effect only if the first contract falls through, and it does not obligate the seller to end the existing deal.
How long does a house stay contingent?
It depends on which conditions are outstanding. Inspection contingencies are usually the shortest, often a week to ten days. Financing contingencies typically run until shortly before closing, so a listing can sit contingent for most of a 30–45 day settlement timeline.
What is the difference between contingent and pending?
Contingent means conditions in the contract are still outstanding and the sale could still fall through. Pending generally means those conditions have been met or waived and the transaction is proceeding to settlement. Pending deals fail less often, though neither status is final until the deed records.
Does contingent mean the house is sold?
No. A contingent listing has an accepted, binding contract, but the sale is not complete and the property has not transferred. Ownership changes only at settlement, when the deed is recorded in the land records of the county or city where the property sits.