Buyer Guide ・ 2026

Contingent vs. Pending
Can You Still Make an Offer?

Shi Hao Liu, licensed Washington real estate broker at Kelly Right Real Estate

The short version: Contingent means the seller has accepted an offer, but it still depends on a condition being met — usually the buyer selling their own home — and the listing is often still shown. Pending means a purchase and sale agreement is signed and the home is off the active market, moving toward closing. You generally can't out-offer a Pending home, but a Contingent one is often worth a backup offer, since home-sale contingencies carry real fall-through risk. Here's exactly what each status means on a Seattle or Eastside listing, and when it's worth writing an offer anyway.

Why the same deal can look different on Redfin, Zillow, and the MLS

Every home on the Northwest Multiple Listing Service (NWMLS) — the MLS covering Seattle, King County, and the Eastside — gets fed out to Redfin, Zillow, and other portals. Those portals don't always display NWMLS's own status label; some translate it into their own simplified terms. That's one reason the same listing can read "Pending" on one site and "Contingent" on another. When it matters — and it usually does — ask your agent to pull the actual, current MLS status rather than relying on a portal's label alone.

What "Contingent" actually means

Contingent means the seller said yes to an offer, but the sale still depends on something happening first. In this region, the most common reason is a sale-of-buyer's-property contingency — documented on NWMLS Form 22B — where the buyer needs to sell their current home before they can close on the new one. A financing contingency (NWMLS Form 22A) is a separate, more routine condition built into most offers and usually isn't what pushes a listing into a distinct "Contingent" status; it's the home-sale contingency that typically does, because it introduces a second, less predictable transaction the seller is depending on.

Because a home-sale contingency depends on a buyer's own home selling — on its own timeline, at its own price — many sellers negotiate the right to keep marketing the property and accept a better backup offer. If one comes in, the seller typically gives the original buyer a short window to either remove their contingency (proving they can close without selling first) or step aside for the new offer. This is sometimes called a kick-out or bump clause, and it's the reason a Contingent listing is often still worth touring and writing on, even though someone else is already under contract.

What "Pending" actually means

Pending is a broader, more final stage. NWMLS's own MLS glossary defines a Pending Sale as a purchase and sale agreement that's been signed by both buyer and seller but hasn't closed yet, "pending arrangements for financing, home inspection, sale of buyer's home, or other reasons." In plain terms: once both sides have a signed contract, the listing moves to Pending, whatever specific condition is still outstanding — financing approval, the inspection period, or paperwork for a buyer's own home sale.

Because "Pending" alone doesn't say which condition remains, you'll often see a more specific version of it instead:

A plain "Pending" or "Pending Financing" home has usually already cleared its riskiest contingency — inspection — and is close to the finish line, which is why most agents won't bother presenting a new offer on one unless it's specifically marked Pending Backup.

So — can you actually make an offer?

It depends which status you're looking at:

A backup offer isn't just a formality. It's a real, binding offer the seller has accepted into second position — if you write one, treat it with the same seriousness (and financing readiness) as any other offer, since it can suddenly become your live contract with little notice.

A new wrinkle in 2026: NWMLS's "First Look" status

On September 4, 2026, NWMLS introduced a new pre-marketing listing status called First Look, following a settlement that ended a lawsuit Compass had filed against the MLS. During a First Look period — up to 21 days — a seller's agent can market a home, and the seller can choose whether to allow showings, open houses, and even offers during that window. The time spent in First Look and any price adjustments made during it aren't displayed publicly once the home goes fully active; they're visible only to NWMLS members.

What this means for you as a buyer: a home that shows up as a brand-new "Active" listing with zero days on market may have already been quietly shown — and possibly even had an offer or two — during a First Look period you can't see on Redfin or Zillow. It's one more reason to lean on an agent with direct MLS access rather than a portal's public history alone, especially if you're trying to gauge how much real interest a listing has already drawn.

How this plays into your offer strategy

If a home you love shows Contingent, it's usually worth a conversation with your agent about whether a backup offer makes sense — the upside is a real shot at the house with less competition than a fresh Active listing often draws, and the downside is mostly your time. If it's already Pending, it's generally time to move on and focus your energy on the next listing, unless it's specifically marked Pending Backup. Either way, understanding exactly which contingency is outstanding — and how likely it is to actually fall through — is the kind of judgment call an experienced local agent makes constantly; see our guide on winning a bidding war on the Eastside for how escalation clauses and contingency strategy work on the offer you're writing today, and our earnest money guide for what's actually at stake if your own contingencies aren't handled correctly.

Where this comes up most for Eastside buyers

Home-sale contingencies and backup offers show up constantly in Redmond, Bellevue, and Kirkland, where a lot of local buyers are themselves selling a current home to trade up. If you're drafting your own purchase agreement and want to understand exactly what you're signing — including how contingencies are structured under Washington's standard NWMLS forms — see our breakdown of the buyer brokerage agreement in Washington.

A flat fee agent who reads the MLS status for you

Knowing the difference between a Contingent listing worth a backup offer and a Pending one that's already locked up is exactly the kind of local, day-to-day judgment a buyer's agent brings — regardless of how much that agent charges. A traditional buyer's agent charging roughly 2.5% commission on an $850,000 Eastside home costs about $21,250. A flat $2,999 buyer service provides the same core representation — status checks, offer strategy, negotiation, and closing support — while keeping the rest of that commission in your pocket. See flat fee vs. a traditional buyer's agent and who pays the buyer's agent in Washington under the current commission rules.

General information, not legal advice. Listing status definitions, NWMLS rules, form numbers, and portal display practices can change — confirm the current status and contingency details on any specific listing with your agent and the NWMLS record directly before acting. Shi Hao Liu is a licensed WA real estate broker (License #26003789) with Kelly Right Real Estate, not an MLS administrator. Verify any WA broker at the WA Department of Licensing.

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