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If you’ve found the perfect home online but seen the MLS status Active Contingent (AC), then is it worth moving forward and viewing that home?

Active Contingent – Sold Already?

If a home is listed as Active in the MLS, that means it’s available. That part is simple. If it’s Pending, or Pending taking Backups, that means the seller has accepted an offer, and optionally may take backup offers.

But Active Contingent generally means that the home in question is available but with an offer accepted with a contingency. Buyer One has got there first, but they have a home to sell before they can complete

Active Contingent means you can put in an offer – the home is available.

There’s a pretty simple Texas Real Estate Commission form that governs contingent purchases, and I’ll go through it briefly here.

Contingent on What?

In the original offer that has been accepted from Buyer One, it is subject to another house being sold by a certain date. The seller is still accepting other offers.

How Buyer One Can Remove the Contingency

Now, if you as Buyer Two come along and submit an offer, the seller can decide to accept it. The seller would then give Buyer One the option to remove the contingency, normally at a hefty cost (increased Earnest Money at risk if the contract doesn’t close). That would depend on how they negotiated Offer One.


Part of TREC’s form – waiving Contingency


Waiving the contingency is locking Buyer One into buying the property whether they sell their other property or not, increasing the risk for Buyer One, but decreasing it for the seller.

What happens if Buyer One’s other property doesn’t sell?

If the other property doesn’t sell by the prescribed date, then Buyer One is released from the contract, and the home becomes available again – Active.

Should a Seller Accept a Contingent Offer?

As a seller, you don’t have much to lose if you accept an offer from Buyer One, so long as the terms of the contingency are in your favor. If you want certainty, then a contingency isn’t for you. (Your listing agent would investigate the details of the home that needs to be sold – is it under contract, is it reasonably priced and marketed etc).


The TREC form covers waiver of contingency – more Earnest Money for the seller

Accepting a contingent offer doesn’t preclude a seller from accepting another offer later, and the seller could set it up so that they win in every eventuality.

So maybe you make the deadline short and the fee for removing the contingency very high.That’s of course if you’re prepared to collect it if Buyer One is forced to back out. That can be too much uncertainty for some sellers. Regardless, I would advocate negotiating for a very short deadline for a decision from Buyer One if a better offer comes along.

Can I Offer on an Active Contingent Home?

By all means. It’s still Active in terms of receiving offers. It would be reasonable to ask the seller how long the period for removing the contingency is, so that you would be able to plan around it.

With that said, Buyer One may have offered better terms to compensate for the contingent sale of another home. So your offer might need to be strong in other areas to get accepted.

If your offer isn’t contingent on another home sale, then the seller may be more inclined to accept it.

If you’re interested in having a Certified Negotiation Expert handle your home sale or purchase, please get in touch with on of our Mueller REALTOR team 512 215 4785.


Mueller Pools

Mueller Pools are surely a place to go here in Austin during the summer. Currently, there are two Mueller pools, the one at Ella Wooten Park and another at John Gaines Park.

The Ella Wooten Pool is located along 2047 McCloskey Street. Residents nearby can take a swim and in some hours, this will also be open to the public.

Ella Wooten Park Mueller Pools

Photo courtesy of Moderndb

The residents each pay a $7.50 homeowners fee for the facility, and we get to use it for extended hours (before the lifeguards get there, and after they go home, and earlier and later in the season).

It is open to the public for a small fee when lifeguards are present, though curiously to me, it isn’t listed on the City of Austin pool schedule. There’s an explanation of the pool’s hybrid nature on the MuellerAustinOnline site, which says it’s a Class B licensed pool part time (open to the public) and a Class C licensed pool the rest of the time (open to residents and their accompanied guests).

When is the Ella Wooten Park Mueller Pool open?

The pool hours are seasonal – at present (summer) they are:

RESIDENT SWIM – Tuesdays to Sundays 5am – noon, and 7:30pm – 10pm

OPEN SWIM – Tuesdays to Sundays 1pm-7pm (Open Swim)

People have also been waiting for this news and it is finally here! John Gaines pool is now open for swimming.

The pool will have Open Swim with Lifeguards from 9 am to 10 pm and Resident Swim from 5 am to 9 am. However, the pool is said to be closed on Wednesdays for maintenance. All must leave the pool area before and after Open Swim times due to the lifeguard’s opening and closing procedures.

Mueller Pools John Gaines Park

Photo courtesy of MuellerAustinTexas

During Open Swim, the registration desk will be manned. All of the swim center swimmers  must sign in at the desk, sign a release and show identification. On the other hand, during Resident Swim, there will be no lifeguard supervision and the state requirements will be limited to residents only.

People must be aware of the Pool Rules which is recommended by the Pool Committee and is approved by the Mueller Master Community Associaton Board of Directors. This contains the usual safety measures and are mostly consistent with the rules for among the other pools in the City of Austin.

The official Mueller pool rules can be seen here.

When is the John Gaines Park Mueller Pool open?

The pool hours are seasonal – at present (summer) they are:

RESIDENT SWIM passes are available at Mueller Central on Monday – Friday from 9 AM to 6 PM. Holidays may impact the office schedule.

OPEN SWIM passes are available to non-resident patrons at the registration desk during Open Swim hours which is Thursday to Tuesday from 9am to 10pm.

Day Pass Fees: Adult – $3.00; Junior (12-17) – $2.00; Child (11 and Under) and Senior (62 and over) – $1.00.

Where are the two public Mueller Pools?

Here’s a map for directions if you wish to visit the pools:

Ella Wooten Park Pool to John Gaines Park Pool

Photo courtesy of Google Maps

None of the neighborhood lots for homes are big enough to support a pool (though we know of a few hot-tubs), but if you’re interested in living in a home near the Mueller pools, you can get in touch at 512 215 4785 and our team of expert REALTORS will help you out.