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Can I make an offer on a pending house?

Hi. There is a house I'm interested in that is listed as pending. Can i still contact the selling agent and try to get an offer in?

Asked by Juan P | San Marcos, CA| 01-06-2023| 2,577 views|Buying|Updated 11 months ago

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Angela TadevosyanReal Estate Agent1 month ago
Semi-Pro85 Answers

Yes, you can absolutely contact the listing agent about a house that is pending, but there is an important distinction: pending does not mean available—it means the seller has already accepted another buyer’s offer. What I would do first is have your Realtor call the listing agent and find out exactly where the current transaction stands. Is the buyer still within inspection or loan contingencies? Have contingencies been removed? Is the seller accepting backup offers? Those answers tell us whether there is a realistic opportunity. If the seller is accepting backup offers, you can submit one. A backup offer does not replace the current buyer simply because your price is higher. The existing contract generally has priority as long as that buyer performs. But if that transaction cancels, an accepted backup offer can move into the primary position without the seller having to put the property back on the market. One point buyers sometimes overlook: “pending” and “under contract” do not mean the deal is guaranteed to close. Transactions can fall apart because of financing, appraisal, inspections, insurance, title issues, or other contractual problems. So I would not give up on a house just because you see “Pending.” I would have my Realtor make the call, express serious interest, and ask whether the seller will consider a backup offer. If you really love the property, positioning yourself as the next buyer can be worthwhile. Just remember: until the current contract is cancelled or otherwise terminates, you cannot simply outbid the buyer who is already under contract.

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Diya SarinReal Estate Agent1 month ago

Hey Juan! Yes, you can still submit an offer on a pending property, but you’re typically submitting it as a backup offer. The seller can choose to accept a backup offer in case the current transaction falls through. The key is to ask the listing agent whether the seller is accepting backup offers and what position you’d be in. Don’t assume “pending” means there’s no opportunity! It just means you’re competing with an existing contract. Interested in a pending home? Contact me and I’ll help you determine whether a backup offer makes sense and how to position it. Diya Sarin | DRE 02095684 📞 818.799.7230 📧 [email protected] 🌐 diyasellsla.com IG: diyasellsla

Zoltan PeresztegiReal Estate Agent4 months ago

Good question, Juan, and yes, the short answer everyone here gave you is right: you can put in a backup offer. But whether it is worth your time comes down to one thing almost nobody in this thread mentioned, so let me give you the part that actually matters. Look closely at the exact status, because "pending" gets used loosely and the label changes your odds a lot: - If our California MLS shows it as Active Under Contract (some agents still say "contingent" or "taking backups"), that means the seller accepted an offer but the buyer still has live contingencies. Those sellers will usually look at a strong backup, and this is where you want to be. - If it truly shows Pending, that generally means the buyer has already removed their contingencies and they are heading to close. The odds of that one reopening are much lower. Same word to the public, very different reality underneath. So step one is have your agent find out which of those it actually is before you get emotionally invested. Here is how a backup works in California, because it is lower risk than people think: - Your agent writes a clean offer on the standard California purchase agreement and flags it as a backup in first position, and the seller signs it there. - Your deposit is not cashed and your inspection, appraisal, and loan clocks do not even start until the first deal cancels and you are formally bumped to primary. So you can sit in backup and keep shopping at the same time with very little downside. - One catch to know: a signed backup is still a real contract, so if you find another home you love, cancel the backup in writing before you go primary somewhere else. You do not want to be tied up on two houses at once. Now the honest part, when do these deals actually fall apart. In California the first deal is most fragile during the buyer's contingency period, commonly around 17 days unless they negotiated something different, and it usually cracks over an inspection surprise, a low appraisal, or the loan wobbling. Once those contingencies are removed and it flips to true pending, the buyer's deposit is now at risk, and cancellations get a lot rarer. That is exactly why the Active Under Contract window is the one worth chasing. My real-world take: if it still shows Active Under Contract, a strong, clean backup with solid financing is absolutely worth writing, and in tight inventory I have seen backups quietly step into first position without ever competing in a bidding war. If it already shows true Pending, I would still leave a clean backup in, but keep actively looking and do not bank on it. One more thing, get your own agent for this rather than calling the listing agent, who represents the seller. Your own agent can pull the real status, ask the listing agent where the deal actually stands, and position your backup to look like the safe, easy yes if the first one slips. I am a Realtor in the L.A./South Bay area, so I will not pretend to know the San Marcos and North County San Diego market block by block, but I would be glad to connect you with a strong local agent from my network who can find out where that specific deal stands and get your backup written the right way. Happy to take follow-ups right here too. Zoltan

Pedro VargasReal Estate Agent4 months ago

Yes you can still make an offer on a home that’s listed as pending in many cases. A “pending” status usually means the seller has accepted an offer and the property is further along in escrow, but it hasn’t officially closed yet. In some situations, the seller may still be open to backup offers in case the current deal falls through. You or your agent can contact the listing agent to ask whether they are accepting backups and how they would like them submitted. That said, once a home is in pending status, the current buyer usually has a strong position, so backup offers don’t always get considered unless something changes in the transaction. It’s always a good idea to have your agent reach out directly so you can understand where the deal stands and whether it’s realistic to compete for it.

Pedro VargasReal Estate Agent4 months ago

Yes you can still make an offer on a home that’s listed as pending in many cases. A “pending” status usually means the seller has accepted an offer and the property is further along in escrow, but it hasn’t officially closed yet. In some situations, the seller may still be open to backup offers in case the current deal falls through. You or your agent can contact the listing agent to ask whether they are accepting backups and how they would like them submitted. That said, once a home is in pending status, the current buyer usually has a strong position, so backup offers don’t always get considered unless something changes in the transaction. It’s always a good idea to have your agent reach out directly so you can understand where the deal stands and whether it’s realistic to compete for it.

Juan PicosReal Estate Agent4 months ago

Yes—you *can* still make an offer on a pending house. What usually happens: • The seller is already under contract with another buyer • But backup offers are sometimes accepted in case the first deal falls through You can: • Contact the listing agent and ask if they’re accepting backup offers • Submit a clean offer labeled as a “backup position” Just know: • You likely won’t be first in line unless the current deal falls apart • Some pending sales move quickly to closing, so timing matters It’s not off-limits—it just means you’re essentially waiting in line behind the current buyer.

Loodmy JacquesReal Estate Agent6 months ago

You can reach out, but you usually can’t jump in front of the current deal. “Pending” means the seller has accepted an offer and they’re moving toward closing. Most sellers won’t entertain new offers at that point. What you can do is ask to submit a backup offer. If the current deal falls apart, you’re next in line. Simple way to think about it. Not available right now, but still worth getting in position just in case.

Keith Jean PierreReal Estate Agent6 months ago

Typically, in most markets you can submit an offer on any property that is currently listed, regardless of the status, but that does not mean it will be accepted. It would typically be held as backup. Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

Kelly MaruggReal Estate Agent6 months ago
Semi-Pro33 Answers

Backup offers are common. As an agent, we will contact the listing agent and let them know we have an anxious buyer who cwn perform should there be an issue. Your realtor partner can check in every few days to ask about original buyer. Often issues come up and you can show your interest early.

Bob ArthurReal Estate Agent7 months ago
Rising Star16 Answers

Hi Juan, Absolutely—you can still reach out, and in the right situation, it can be a very smart move. When a home is marked “pending,” it means the seller has accepted an offer and is moving through escrow—but the deal is not guaranteed to close. Contracts fall apart more often than most people realize due to financing issues, appraisal gaps, inspections, or simply buyer cold feet. Here’s how I advise approaching it (and how I’ve successfully helped clients win these situations): ⸻ ✅ Yes, You Can Submit a Backup Offer You (or better, your agent) can absolutely contact the listing agent and ask if they are accepting backup offers. Many sellers are open to this because it gives them a safety net. A strong backup offer puts you in pole position if the current escrow cancels—you may step in without the home ever going back on the market. ⸻ 💡 How I’ve Helped Clients Win “Pending” Homes I’ve had multiple situations where we pursued homes already in escrow and got the deal—without competing in a bidding war. What made the difference: • We reached out early and established a relationship with the listing agent • We positioned our offer as clean and reliable (strong financing, fewer contingencies) • We made it easy for the seller to say yes immediately if the first deal fell apart • We stayed in touch so we were the first call when things got shaky In some cases, the original buyer canceled during inspections or loan approval—and my client stepped right in. ⸻ ⚠️ Important Strategy Tip Not all backup offers are treated equally. A well-structured backup offer should: • Be fully written and signed • Show proof of funds / strong pre-approval • Minimize risk for the seller • Be positioned as the “sure thing” compared to the current buyer This is where having the right representation really matters—you’re not just submitting paperwork, you’re competing behind the scenes. ⸻ 🚀 Pro Tip Most Buyers Miss Even if the seller won’t formally accept a backup offer, just making your interest known can pay off. I’ve seen listing agents come back weeks later and say: “Hey, that deal is falling apart—are your buyers still interested?” If you’re not in that conversation, you miss the opportunity. ⸻ 🎯 Bottom Line Yes—you can (and often should) pursue a pending home. The key is doing it strategically and professionally so you’re first in line if anything changes. ⸻ If you want, I can show you exactly how to structure a winning backup offer or even help you approach the listing agent the right way. This is one of those “insider” plays that can land you a home other buyers think is already gone. If you would like some help, you can contact me directly through my website. www.bobarthurgroup.com

Chris NevadaReal Estate Agent7 months ago
Semi-Pro43 Answers

You usually can’t bump the current buyer, but you can often submit a backup offer. You (through your agent) can contact the listing agent to ask if the seller is accepting backup offers; if their current deal falls through, your signed backup offer could move into first position.

Chris CervantesReal Estate Agent8 months ago
Semi-Pro30 Answers

Yes, you can submit a back up offer.

Karey GrimsleyReal Estate Agent8 months ago
Novice4 Answers

Absolutely, yes. Submitting a back-up offer is highly recommended. It gives you the opportunity to move into first position if the current contract falls through. I’ve successfully sold many properties where the buyer originally came in as a back-up offer.

Meredith KronenbergReal Estate Agent9 months ago
Rising Star25 Answers

When a home is marked pending, it usually means the seller has already accepted an offer and the buyer is moving through inspections, appraisal, and financing. At that stage, the seller is contractually bound to the first buyer and generally cannot accept a new offer outright. That said, sellers can often accept a backup (secondary) offer. A backup offer positions you next in line if the current contract falls apart—which does happen, especially during inspections, appraisal, or financing. Because of this, backup offers can make sense in competitive markets where deals don’t always make it to closing. Making an offer on a pending home only makes sense if you’re comfortable waiting and understand there’s a chance the home may never become available. It’s also important that your offer is clean and competitive, as sellers will typically only sign a backup offer if it strengthens their position. One critical detail to keep in mind: if the seller does accept your backup offer and it becomes active, be sure to formally rescind that backup contract before submitting an offer on another property. You do not want to be under contract on two homes at the same time. Timing and expectations matter. Some sellers welcome backup offers for peace of mind, while others won’t consider them at all. Your agent can usually find out quickly how solid the current deal is and whether a backup offer is even being considered. In very competitive markets, this may be the best way to get a home you love.

Gale CulverReal Estate Agent9 months ago
Semi-Pro32 Answers

If the owner has agreed to accept back up offers you can always move into a backup position on the house should the current offer fall through. You can absolutely make an offer on a pending house, but that doesn't mean that your offer will move the current offer out of its accepted place.

Nicole ServissReal Estate Agent9 months ago
Rising Star16 Answers

You can ask the agent if they are accepting backup offers. A backup offer puts you next in line if the current deal falls apart due to financing, inspection, or other issues. If you are very interested, having your own agent contact the listing agent is usually the best approach. They can find out the status, whether backups are being considered, and help you decide if it is worth pursuing or if similar homes may be a better use of your time.

Ana WarmkeReal Estate Agent9 months ago
Novice6 Answers

You can do a back up offer but I usually just check to see how solid the current contract is and if it's better to move on.

Jaden UtterReal Estate Agent9 months ago
Rising Star19 Answers

Yes. You can submit a backup offer on a pending home. The seller can’t accept it unless the current contract falls through, but having a backup in place puts you first in line if that happens.

Edward BehrReal Estate Agent10 months ago
Rising Star16 Answers

es, you can make an offer on a pending house, but it depends on the situation and your expectations. When a home is marked pending, it usually means the seller has accepted an offer and the buyer is moving through inspections, appraisal, and financing. At that point, the seller is contractually tied to the first buyer, so they generally can’t accept a new offer outright. That said, sellers can often accept or at least consider a backup offer. A backup offer puts you next in line if the current contract falls apart, which does happen—especially during inspection or financing. In markets like Colorado Springs, we still see deals fall out for appraisal issues, inspection surprises, or buyer financing problems. Making an offer on a pending home only makes sense if you’re comfortable waiting and possibly not getting the house. It’s also important that your offer is clean and competitive, since sellers will only take the time to sign a backup if it clearly improves their position. One thing to keep in mind is timing. Some sellers won’t entertain backups at all, while others actively want one for peace of mind. Your agent can usually find out quickly how solid the current deal is and whether a backup offer is welcome. Bottom line: you can’t replace the current buyer on a pending home, but you can position yourself as the next best option if that deal falls through.

Kevin ClarkReal Estate Agent10 months ago
Novice3 Answers

Yes, in many cases you can—but it’s important to understand how it works and what your chances are. A “pending” home usually means the seller has accepted an offer and is working through inspections, financing, and/or other contingencies. Many sellers will accept backup offers, which only move forward if the current contract falls apart. Not every seller allows this, but when they do, a strong backup offer can put you in a good position. That said, timing, contract terms, and motivation matter. A pending deal with clean terms and few contingencies is less likely to fall through than one with multiple hurdles. This is where experience and communication with the listing agent make a difference. My role is to evaluate the situation, assess the likelihood of the deal closing, and help you decide whether writing a backup offer is a smart use of your time—or if it’s better to focus on other opportunities. — Kevin Clark, Real Estate Agent & Broker| Southern Wisconsin

Kevin ClarkReal Estate Agent10 months ago
Novice3 Answers

Yes, in many cases you can, but it’s important to understand how it works and what your chances are. A “pending” home usually means the seller has accepted an offer and is working through inspections, financing, and/or other contingencies. Many sellers will accept backup offers, which only move forward if the current contract falls apart. Not every seller allows this, but when they do, a strong backup offer can put you in a good position. That said, timing, contract terms, and motivation matter. A pending deal with clean terms and few contingencies is less likely to fall through than one with multiple hurdles. This is where experience and communication with the listing agent make a difference. My role is to evaluate the situation, assess the likelihood of the deal closing, and help you decide whether writing a backup offer is a smart use of your time—or if it’s better to focus on other opportunities. — Kevin Clark, Real Estate Agent & Broker | Southern Wisconsin

Debbie SagorinReal Estate Agent10 months ago
Rising Star24 Answers

Yes Juan, you can submit an offer on a home that’s pending, and that's called a backup offer. Pending means the seller has already accepted an offer and is moving toward closing. That said, deals do fall apart, especially in today's market. If a buyer really loves the home, it’s worth having their agent check with the listing agent to see where things stand and whether a backup offer makes sense.

Jessica GratzlReal Estate Agent10 months ago
Novice3 Answers

Yes, you can make an offer on a home that’s listed as pending, but it’s usually as a backup offer. Pending means the seller has already accepted an offer and is working through inspections, financing, and other contingencies. You or your agent can contact the listing agent to see if backup offers are being accepted. If the current deal falls through, a backup offer can put you next in line, just know sellers rarely change course once they’re under contract.

Claudia LooiReal Estate Agent11 months ago
Semi-Pro32 Answers

Yes, you can but it depends on the seller’s instructions. When a home is pending, the seller has already accepted an offer and the deal is moving toward closing. Some sellers will still allow backup offers in case the current contract falls through, while others will not accept any additional offers.

Michael BellReal Estate Agent11 months ago
Novice4 Answers

Yes. Legally speaking, you are allowed to make an offer on any property, pending or not. However, in this scenerio, this offer must be for back up purposes only and you likely will not be allowed to visit the property unless the seller gives your agent permission.

Carol HuntReal Estate Agent11 months ago
Novice6 Answers

You can absolutely have your broker reach out to the listing agent. It never hurts to ask. Sales do fall apart from time to time, especially during inspection and attorney review. If you're interested, you can submit a backup offer so you're next in line if the current deal doesn’t hold together. Carol Hunt Baird & Warner, Winnetka, IL Real Estate Broker, ePRO, GRI [[email protected]](mailto:[email protected]) 847-404-7959

Mark DietelReal Estate Agent11 months ago
Novice5 Answers

Absolutely. Historically, anywhere between 5%-15% of transactions fail to get to closing. Getting your offer in now would put you in a good position in case that happens.

Amanda CourtneyReal Estate Agent11 months ago

Yes, you can submit a backup offer. This means if the current contract falls through, your offer automatically becomes next in line. It’s a good strategy when you really love a property but it’s already under contract.

Brooke RozellReal Estate Agent11 months ago
Novice2 Answers

Reach out to a buyers agent

Michael BridgesReal Estate Agent3 years ago
Novice1 Answer

While the seller is bound to the offer they accepted, you can always put in a back up offer just in-case the current offer falls out for some reason.

Glenda X BozettReal Estate Agent3 years ago
Semi-Pro47 Answers

Because the listing is pending, I suggest you have your Realtor contact the listing agent to see if they would accept a backup offer. Offers can still fall through prior to close.

John FarrReal Estate Agent3 years ago
Rising Star11 Answers

If they are taking backup offers, then yes.

Andre PatatanyanReal Estate Agent3 years ago
Novice5 Answers

I would advice you to work with a buyers agent if possible to get an offer in. It is important as a buyer to have your own representation and not fall into working with the sellers agent which is as you said working with the seller. Also, the agent will be able to better assist you because he will be able to get more information about what stage the current buyer is and understand if there is a chance if you submit.

Steve MeyersReal Estate Agent3 years ago
Novice4 Answers

Yes, you can make a backup offer on the home should the buyer who has it currently under contract decides to back out

Edward DavisReal Estate Agent3 years ago
Novice6 Answers

In most instances you can make an offer; some may take Backup offers just in case the primary offer fall through. Have your Realtor reach out to the Listing Agent to see what their take is on Back-up Offers.

Joe BattersbyReal Estate Agent3 years ago
Rising Star13 Answers

100%, a good amount of deals fall through. You want to get your offer in as a backup ASAP!

Peter TestaReal Estate Agent3 years ago
Novice1 Answer

I would ask the Listing Agent if they are accepting backup offers; see where they are at in the transaction.

Jacob WorleyReal Estate Agent3 years ago
Novice2 Answers

Definitely, in this market there are many reasons why a transaction may not close. Submitting a back up offer will put you in a good position if the transaction falls out of escrow.

Scott CarlsonReal Estate Agent3 years ago
Rising Star11 Answers

Here in MN "pending" means that the home is towards the last stage in the cycle of being sold, the buyer is either finishing up their financing, getting their cash, etc. And the title companies are setting up the closing date. I would suggest having your realtor reach out and chat with the listing agent to see when the closing is scheduled and if they would entertain a backup offer at this point.

Mark PerrineReal Estate Agent3 years ago
Novice1 Answer

Yes- in Indiana we have a designated form called a Backup Offer that we use for that purpose.

Jennifer DolbyReal Estate Agent3 years ago
Novice1 Answer

Absolutely- always open the door for communication with fellow realtors.

Rochelle ChaconReal Estate Agent3 years ago
Semi-Pro36 Answers

Hello Juan, If the home is in pending status, that typically means that the buyer has removed contingencies to purchase the property. If you see a home in back up status, you may be able to write an offer and if the current buyer does not move forward with the purchase, you could have an opportunity to purchase the home. Buyers in CA have 17 days for inspections, 21 days to remove contingencies for any loans.

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