What's the Difference Between "Pending" and "Under Contract" in SC?

What's the Difference Between "Pending" and "Under Contract" in SC?

If you've been watching listings in Charleston, you've almost certainly hit this moment: a house you love flips from "Active" to some other status, and you have no idea whether it's gone for good or whether you should still call your agent. It's a small thing that causes real confusion — and knowing the difference tells you whether it's worth making a move.

Here's the plain-English version.

The Short Answer

Under Contract = The seller accepted an offer, but the buyer still has active contingencies to clear — inspection/due diligence, appraisal, financing, or the sale of their own home. The deal can still fall apart, and in many cases the seller is still open to backup offers.

Pending = The contingencies have been satisfied or waived, and the transaction is moving toward closing. The deal is much further along and much less likely to collapse.

Think of it as two stages of the same journey: under contract is the early, still-uncertain stage; pending is the home stretch.

What "Under Contract" Actually Means in South Carolina

Once a seller accepts an offer and both parties sign, the property goes under contract. But signing doesn't mean the deal is safe — a South Carolina purchase contract typically contains several contingencies that give the buyer defined windows to investigate and, if necessary, walk away:

  • Due diligence / inspection period — the buyer has a set window to inspect and either accept the home's condition, negotiate repairs, or terminate
  • Financing contingency — the buyer still has to actually secure their loan
  • Appraisal contingency — the home has to appraise at or above the contract price, or the gap has to be resolved
  • CL-100 / termite letter — South Carolina transactions typically require a wood-infestation report
  • Home sale contingency — if the buyer needs to sell their current home first

Any one of these can unwind the deal, which is why "under contract" isn't the end of the story.

You'll also see MLS variations locally. Some listings show as "Active Contingent" or "Contingent," which generally signals the seller is still open to backup offers. If you see that on a home you want, it's absolutely worth having your agent reach out.

What "Pending" Actually Means

By the time a listing shows Pending, the buyer has generally cleared due diligence, the inspection is resolved, the appraisal has come back acceptable, and financing is on track. What's left is the closing itself — final loan underwriting, title work, and the attorney's preparation of closing documents.

Pending deals still fall through occasionally — financing can collapse late, or a title issue can surface — but the probability drops substantially at this stage. Most listings that reach Pending do close.

Why This Distinction Matters More in South Carolina

Two SC-specific realities make Pending a genuinely more solid status here:

South Carolina is an attorney state. Every residential closing must be handled by a licensed South Carolina real estate attorney, who conducts the title search and prepares the closing. Once a deal is Pending, there's a defined legal process underway, managed by a professional third party — part of why the status carries more weight here than a casual "we're working on it."

Due diligence fees are common in SC. In many South Carolina transactions, the buyer pays a non-refundable due diligence fee directly to the seller in exchange for the right to investigate the property during a defined window. Because that fee is typically non-refundable even if the buyer walks, a buyer who's under contract usually has real money already on the line — and a real incentive to close. It doesn't guarantee the deal survives, but it means SC buyers aren't walking away casually. (If you want the full mechanics of how that fee works, it's worth reading up on earnest money vs. due diligence in South Carolina separately — the two are commonly confused and they behave very differently.)

What You Should Do as a Buyer

If a home shows "Under Contract" or "Active Contingent": Have your agent call the listing agent. Find out where the buyer is in due diligence and whether the seller will take a backup offer. Deals fall through during the due diligence window more often than people expect, and being the ready backup buyer is a genuinely strong position.

If it shows "Pending": It's usually time to move on — but have your agent flag it in case it comes back on the market. It happens.

Either way, don't trust the status on a listing portal as gospel. Sites like Zillow and Realtor.com pull MLS data on a delay, and status changes don't always update immediately. Your agent sees the live MLS — that's the source of truth.

What This Means If You're the Seller

The status your listing carries affects how much backup interest you keep generating. If your buyer still has meaningful contingencies outstanding — particularly a home sale contingency — talk with your agent about whether staying visible to backup buyers is the right call. It costs you nothing and gives you a safety net if the first deal falls through.

The Bottom Line

Under contract means "spoken for, but not final." Pending means "nearly done." If you're watching a home you love, that distinction tells you whether to make a call or move on — and it's exactly the kind of thing worth asking your agent about rather than guessing from a listing portal.

If you're house hunting in the Charleston area and want someone who'll actually chase down the real status on a property you're interested in — including whether a seller will take a backup offer — reach out anytime.

Article written by:
Dustin Guthrie - Realtor
843) 697-7757
[email protected]

What's the Difference Between "Pending" and "Under Contract" in SC?

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