Glossary · Transactions

Contingency

Definition

A contingency is a condition written into a real estate purchase contract, such as financing, an appraisal or an inspection, on which the sale depends. The contract says what satisfies each one, by when, and what happens to the deal and the deposit if one is not met.

Updated September 14, 2026 · Sources · General information, not legal, tax or lending advice
Side by side

Active Contingency or Pending: open conditions are the whole difference

Two listings can both be under contract and still carry different statuses in the multiple listing service. The guidelines published by the Southwest Virginia Association of REALTORS separate them on one point: whether any condition is still open.

Two under-contract statuses in the SWVAR MLS guidelines (2024 edition)
StatusWhat the guidelines sayConditions
Active ContingencyContract has contingencies such as financing, appraisal or home inspectionStill open
PendingThe property is currently under contract and pending settlement with no outstanding contingenciesNone outstanding
The guidelines also require a listing to be entered as Active Contingency within one business day of ratification.

Read that way, a contingency is the thing that keeps a signed contract from being a sure sale. Financing, appraisal and inspection are the examples the guidelines give. On land the conditions a buyer writes in can reach the ground itself: whether the soil supports a septic system, taken up in whether a buyer can back out if the perc test fails, or on commercial ground the environmental condition of the site, covered in whether a Phase 1 environmental study is needed to sell commercial land.

A condition can also run the other way, toward the buyer's own affairs. An offer that waits on the buyer selling a house raises a timing question of its own, weighed in whether to sell a house before buying land.

A third status

Contingency Kickout, where showings continue

The same guidelines define a third status for a contract with a property contingency, where the seller wants to keep the property in front of other buyers. They call it Contingency Kickout, and it reads as a sequence.

01

Showings continue

The status allows the seller to continue showing the property for sale while the first contract stands.

02

A second offer arrives

The guidelines say the seller can kick out the initial primary purchase agreement if the seller receives an offer from another buyer that is prepared to perform without a property contingency.

03

Written notice

The seller notifies the primary buyer in writing of the offer from the buyer prepared to perform.

04

The first buyer decides

The first buyer is allowed a set amount of time to decide how to proceed.

That is a status definition in a listing service's rules, not a Virginia statute. Whether a seller has a kickout right at all, and how long the first buyer gets to respond, are terms of the contract.

FHA and VA purchases

The appraised-value clause written for FHA and VA loans

One condition comes from a federal model clause. On a purchase under HUD/FHA or VA requirements, the model amendatory clause says the purchaser is not obligated to complete the purchase, or to forfeit earnest money, unless the purchaser has been given a written statement, from the Federal Housing Commissioner, the Department of Veterans Affairs or a Direct Endorsement lender, setting the property's appraised value at not less than the contract sales price inserted in the clause.

The clause protects the buyer without trapping the buyer. It adds this:

The purchaser shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation.

HUD model amendatory clause

The clause also keeps the government out of the question of what the property is worth: "HUD does not warrant the value or condition of the property." What a seller and buyer do when the lender's appraisal falls short of the price is the subject of what happens if the buyer's appraisal comes in low, and the dollar difference itself has its own entry, appraisal gap.

How each condition lines up with the deposit, from ratification through to settlement, is followed in order in earnest money and contingencies.

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Deciding which conditions to write into an offer on land?

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Questions

Questions about this term

Are financing, appraisal and inspection the only contingencies a contract can carry?

No. The SWVAR MLS guidelines describe Active Contingency as a contract with contingencies "such as" financing, appraisal or home inspection, so those three are examples rather than a closed list. A land purchase can wait on other things, such as a perc test result. Which conditions a particular contract carries, and the deadline attached to each, are that contract's terms, read by an attorney.

Is an FHA or VA buyer forced to walk away if the appraised value is below the price?

No. The HUD model amendatory clause says the purchaser is not obligated to complete the purchase or forfeit earnest money unless given a written statement of an appraised value not less than the contract price inserted in the clause, but it also gives the purchaser the option of proceeding without regard to the appraised valuation. HUD does not warrant the property's value or condition.

Sources

Where this page's facts come from

Every rule, office and figure above traces to one of these. Rules change; check the office before you act on one.