Under Agreement vs Under Contract- Continue to Show

Although Active- Under Agreement and Under Contract- Continue to Show sound quite similar to one another, there are a couple of important distinctions between them.

  1. The first (and most important) difference between them is the nature of the agreement.  If you have some sort of non-binding agreement in place (memorandum of terms, offer to purchase, etc.), but not a legally binding contract, you must mark the listing Active- Under Agreement (UA) .

    However, if the agreement is legally binding, the listing must be marked Under Contract- Continue to Show (UC-CTS) .

  2. Another distinction, although less significant, is that UA is not an actual status.  It is technically known as an Active status flag.  You may think of it as a sub-category of the Active status (similar to New, Back on Market and listings that have had a price change).  A listing that is marked UA is still an Active listing, it just has that UA flag on it to alert other agents and buyers that it is currently subject to a non-binding agreement that could very well lead to it being marked UC-CTS or UC.

    UC-CTS, however, is its own status.  While UC-CTS listings are still technically in an available for sale/active status (as they are still being shown and can accept offers), they are a completely different status than Active listings (you can search each of these types of listings independent of the other).

Here are the full definitions of both, to help further differentiate them:

In the summer of 2021, SmartMLS created a new sub-category for the Active status, known as Under Agreement (UA) .  This was designed for those instances where, rather than having a binding contract in place, you have a meeting of the minds that has been documented by a memorandum of terms, offer to purchase or other type of non-binding agreement.  These listings remain in the MLS as an Active status listing, but are required to use the Under Agreement flag.  Doing so allows other agents and their buyers to know that the property is still for sale, but is currently subject to a non-binding agreement.

Under Contract - Continue to Show means that either you (i) have executed and delivered a purchase and sale agreement or, if earlier, (ii) have executed and delivered a written bilateral offer to purchase, and, in either case, contingencies remain and the Seller requests that the Listed Property remain on market for backup offers. If a listing is in the Under Contract-Continue to Show status, it must be available to be shown to interested buyers.  If it will not be available for showings, it should be in the Under Contract status.  Under Contract-Continue to Show listings do not expire upon their expiration date.  They remain in the UC-CTS status until either 60 days have passed (at which point they automatically change to Under Contract) or until the list agent manually changes the listing to Under Contract.

Related Articles :

Listing Status Definitions

Active status flags

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