Ever spot a great Orinda home marked Contingent or Pending and wonder if you still have a shot? You are not alone. These labels can shape your timing, your leverage, and whether a backup offer makes sense. In this guide, you’ll learn what each status means in California, how they usually play out in Lamorinda, and how to tailor your strategy as a buyer or seller. Let’s dive in.
Contingent vs Pending at a glance
Contingent means the seller accepted an offer, but one or more buyer contingencies are still active. Common examples include inspection, loan, and appraisal. During this stage, the buyer can typically cancel according to the contract if a contingency is not satisfied. Many sellers keep the property visible and may accept backup offers while contingencies are open.
Active Under Contract (AUC) or Active-Contingent may appear in some MLS systems. This also signals the home is under contract but still being marketed. In some MLSs it mirrors Contingent; in others it is a distinct status. Always confirm the listing agent’s instructions on showings and backups.
Pending generally means contingencies have been removed or satisfied and the sale is moving toward closing. In most cases, showings stop and sellers do not accept backup offers once a listing is marked Pending. The file is typically waiting on financing, final title work, and recording.
Remember, MLS labels are administrative. The purchase agreement controls rights, deadlines, and what the parties can do.
How California contracts handle contingencies
Contingencies are clauses that give a buyer a window to verify important details. In California, common contingencies include inspection, loan, appraisal, and title. Some buyers also use a sale-of-buyer’s-home contingency.
Contingencies are removed by written notice per the purchase agreement. After removal, the buyer gives up certain termination rights and the transaction moves forward to closing.
Buyers typically deposit earnest money into escrow. What happens to those funds depends on the contract and whether a cancellation occurs within a valid contingency period or due to default. After contingencies are removed, escrow proceeds to closing, which often takes 17 to 45 days depending on the loan and negotiated timelines.
What status means for your strategy in Orinda
Orinda and the broader Lamorinda area often see tight inventory and strong demand. That dynamic influences how sellers use statuses and how buyers craft offers.
- If a home is Contingent or AUC and you love it, consider a clean, well-timed backup offer. Keep your contingency periods reasonable but avoid taking on more risk than you can handle.
- If a home is Pending, expect a low chance of displacing the primary buyer. A backup offer can still be worth it, but be prepared to pivot to other options.
- For sellers, leaving a listing in Contingent or AUC can allow continued marketing and backup offers. Once contingencies are removed, switching to Pending signals a clearer path to closing and typically ends showings.
Showings and backup offers in practice
During Contingent or AUC, many sellers continue showings by appointment and may accept backups. Policies vary by seller and MLS instructions, so always check the agent remarks. Backup offers are designed to become primary only if the existing contract cancels according to its terms.
Once a listing moves to Pending, showings generally stop and sellers usually do not take new backup offers. The focus shifts to loan funding, title, and closing logistics.
Orinda market realities that affect status
Lamorinda is known for higher price points, older housing stock in some neighborhoods, and hillside lots. These realities can influence contingency strategies and timelines.
- Competitive demand can lead some buyers to shorten contingency periods or strengthen financing. Sellers often favor offers with strong pre-approvals and clear proof of funds.
- Older homes and hillside properties can generate more inspection items. Buyers commonly focus on foundations, drainage, roofs, and major systems during their inspection period.
- In rising markets, appraisal gaps can occur. Buyers and sellers sometimes negotiate solutions that affect how and when appraisal contingencies are removed.
Typical timeline from offer to close
- Offer accepted, contingencies active. Listing shows as Contingent or AUC.
- Contingency periods run. Inspections, loan underwriting, and appraisal are completed.
- Buyer removes contingencies in writing. Listing often moves to Pending.
- Pending to close. Escrow completes loan funding, title clearance, and recording.
Buyer playbook for Contingent/AUC homes
- Get a strong, written lender pre-approval and have earnest money ready.
- Confirm what the status means in the local MLS and whether backups are allowed.
- Set realistic contingency windows you can meet, especially for inspection and loan.
- If submitting a backup, define your effective date, contingency deadlines, and how you want to be notified if you become primary.
- Use escalation clauses or appraisal-gap language only after discussing local competition and risk tolerance with your agent.
Seller playbook once you accept an offer
- Decide whether to keep the listing in Contingent/AUC to allow showings and backups, or move to Pending after contingency removal.
- Vet the buyer’s financing. Request a pre-approval letter and proof of funds where appropriate.
- Set clear contingency deadlines in the purchase agreement and use contract notices if timelines are missed.
- If accepting backups, clarify how they will be evaluated and how notice will work if the primary contract cancels.
Negotiating power: when it’s strongest
While a home is Contingent or AUC, the buyer can still negotiate repairs, credits, or price adjustments tied to inspections or underwriting hurdles. The amount of leverage depends on market conditions and the specific contract.
Once a home is Pending, major renegotiations are uncommon. Changes usually relate only to lender, title, or escrow requirements. That is why buyers often resolve open questions before removing contingencies.
Inspection focus areas in East Bay homes
Use your inspection window wisely. In and around Orinda, older homes and hillside sites make certain systems especially important.
- Foundation and structure
- Drainage and grading
- Roof condition
- Electrical, plumbing, and HVAC
If issues arise, discuss repair requests, credits, or timelines with your agent while your inspection contingency is still active.
Earnest money and cancellation basics
Your earnest money deposit sits in escrow and follows the rules in your purchase agreement. If you cancel within a valid contingency period, deposits are typically handled according to those terms. Do not assume deposits are always refundable. Know exactly when your funds become at risk and what steps are required to cancel properly.
Quick checklists
For buyers eyeing a Contingent/AUC home
- Confirm what the status means locally and whether backups are accepted.
- Ask about showing rules and appointment windows.
- Secure lender pre-approval and line up earnest money.
- Choose realistic contingency timelines you can meet.
- If submitting a backup, specify effective date, deadlines, and notification steps.
For sellers under contract
- Decide whether to keep marketing and accept backups or move to Pending.
- Document the buyer’s financing strength and timeline.
- Coordinate with escrow on expected closing steps and potential lender delays.
- If accepting backups, share your process clearly in agent remarks and instructions.
Final thoughts
In Orinda, understanding Contingent, Active Under Contract, and Pending helps you move with confidence. The status signals where the deal stands, but the contract governs the details. When you match local market norms with clear contingency planning, you protect your position and increase the odds of a smooth close.
If you want a calm, step-by-step plan for your next move in Contra Costa County, reach out. Kailani Kimoto offers local guidance, staging and timeline management, and full transaction support. Request Your Free Home Valuation to get started.
FAQs
What does Contingent mean in California real estate?
- It means the seller accepted an offer, but buyer contingencies like inspection, loan, or appraisal are still active and the buyer may cancel per the contract.
What is the difference between Contingent and Pending?
- Contingent has active buyer contingencies and may allow backup offers. Pending usually follows contingency removal and typically ends showings and backups.
Can a seller accept a backup offer in Orinda while Contingent?
- Often yes. Many sellers accept backups while the home is Contingent or AUC, but showing and backup rules depend on the seller and MLS instructions.
When does a backup offer become the primary offer?
- Only if the first contract cancels according to its terms. The backup agreement should state how and when it moves into primary position.
Can a buyer cancel during a contingency and get the deposit back?
- If the cancellation occurs within a valid contingency period under the contract, deposits are typically handled as the agreement outlines.
Do sellers keep showing a home that is Pending in Lamorinda?
- Commonly no. Once a home is Pending, most sellers stop showings and focus on closing steps like loan funding, title, and recording.
