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Ambassador
3,350,439
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

The minute the clock runs on that.  Our contract dictates that if do nothing ... it is presumed to be okay.  Time is of the essence.  Therefore, my actions are dictated by the contract and the direction the sellers want me to take.  

I do not screw around with these matters.  I recently sent a notice to the seller to perform. There were major issues with HOA docs and a cloud on title. My emails were ignored. I sent the Notice. Listing agent finally responds with a dumb-as comment about ... no need to threaten the sellers.  Really?  We just need you all to get off your duffs and do your job. The notice did just that!!!

May 05, 2017 11:16 AM
Rainmaker
1,847,621
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

30 seconds after they were to comply. This isn't grade school, this is business & we should treat it as such.

May 05, 2017 11:25 AM
Ambassador
1,078,251
John Meussner
Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI - Fair Oaks, CA
#MortgageMadeEasy Fair Oaks, CA 484-680-4852

I'm not an agent, but I've seen enough people trying to hide things over the years to know the correct answer should be 'immediately'....trust the excuse, but certainly verify.

May 05, 2017 01:23 PM
Rainmaker
1,057,404
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Time is of the essence, and silence deems consent. So the cure notice has to follow the breach hot on its heels.

May 05, 2017 01:05 PM
Rainmaker
4,905,762
Richard Weeks
Dallas, TX
REALTOR®, Broker

It would depend on the contingencie.  And I would advise my seller not to sign anything until the buyer has signed it first.

May 05, 2017 11:02 AM
Rainmaker
3,986,308
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I don't send notices I CALL!

May 05, 2017 08:46 PM
Rainmaker
1,554,377
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

Some agents it's just a friendly call.

Some I do so at 5PM the due date.

Others, I serve 2 days in advance so they have no time to spare.

It comes down to who's on the other side, the pro, the schmo or the bozo.

May 05, 2017 08:05 PM
Rainmaker
511,064
Joseph Domino 480-390-6011
HomeSmart - Scottsdale, AZ
Real Estate Made Easy

Drafting one right now.  Even though the transaction has gone smooth you still need to protect the client.  Our contract has a "time is of the essence clause" so anytime a date is missed a notice must be sent.  It is just part of the protocol.

As the old saying goes "the road to hell is paved with good intentions".

May 05, 2017 12:51 PM
Ambassador
5,062,845
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

It's not been an issue yet but I certainly would if there was no extension requested. I find good communication with the other side helps, but dates, and actions consistent with the contractg are essential.

May 05, 2017 11:51 AM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

all parties have attorneys.... we don't interfere with that... the attorneys handle it with each other....

May 05, 2017 11:44 AM
Rainmaker
4,583,784
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

It depends on the individual transaction and the conversation I have with my client.  I advise and the client chooses.  

May 06, 2017 04:30 AM
Rainmaker
1,157,791
FN LN
Toronto, ON

The agent cannot force the buyer to sign off on contingencies.

May 06, 2017 12:16 AM
Rainmaker
1,625,053
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Usually, the moment it is getting close. But it is case by case, I'd talk to another agent first. In the situation when you do not have any other offers and not sure if you get someone else fast, it can be easier to give them a few days to get through( my main delay is a loan contingency). 

May 05, 2017 11:42 PM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I admit I am not quick and will call, text and email several times first. I treat that as an almost last resort which it shouldn't be.

May 05, 2017 04:03 PM
Ambassador
6,423,260
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

We set short deadlines and they expire if not signed off on.

May 05, 2017 11:03 AM
Rainmaker
1,045,440
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

Absolutely fast but I am very late to this question and all the cool answers are taken ;-)

Apr 04, 2018 06:29 PM
Rainmaker
4,966,010
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

That could be a problem, you need to stay on top of dates.

 

May 09, 2017 03:11 PM
Rainmaker
5,879,125
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I try to keep a good rapport, and should be easy to have email conversations.

May 08, 2017 07:23 AM
Rainmaker
1,506,763
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I have it signed two days before they expire, then I send it one day out with an expiration of one day.  Then it's up to the sellers if they want to cancel or not.  Sometimes, I get it signed with the disclosures or with the contract!

May 06, 2017 10:05 AM
Rainmaker
1,617,916
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

that day

May 06, 2017 08:48 AM
Rainmaker
599,734
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

Time is of the essence so I don't hesitate!

May 06, 2017 08:25 AM
Rainmaker
5,244,229
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

I consider all contingencies as time is of the essence, whether they are or not!

May 06, 2017 07:05 AM
Rainmaker
7,869,863
Roy Kelley
Retired - Gaithersburg, MD

Follow the terms of the contract.

May 06, 2017 06:19 AM
Rainmaker
1,728,656
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

It occurs when the deadline has passed to make sure we are properly representing our principals.

May 06, 2017 05:42 AM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

In Florida, inaction is typically what releases a contingency, so the agents need to do something if they have a problem.

May 06, 2017 05:30 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Kathleen Daniels nailed this one!

May 06, 2017 05:19 AM
Rainmaker
5,115,673
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I've never sent one once in 25 years. We are a due diligence state now and buyers don't sign off on contingencies. They just need to formally request a termination of contract by 5pm of the end of the due diligence date if they don't wish to proceed with the contract. And if I'm concerned with response time from a buyer or seller under specific circumstances I call the other agent and don't send notices. Things always seem to get resolved.

May 06, 2017 04:55 AM
Rainmaker
634,532
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

I'm with Candice A. Donofrio on this one!

May 06, 2017 01:00 AM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Christine Kankowski North SD and Temecula - soon for sure.

And have attorneys involved in it, too.

May 05, 2017 10:49 PM
Ambassador
5,257,583
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

What Kathleen Daniels said!

May 05, 2017 10:44 PM
Ambassador
2,684,769
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Time is of the essence.  You will be in default if you don't sign on time.

May 05, 2017 09:17 PM
Rainmaker
5,772,593
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

ASAP

May 05, 2017 02:36 PM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Quick.

May 05, 2017 02:17 PM
Rainmaker
2,785,276
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Not quick...Spend in all areas before going NOTICE

May 05, 2017 01:42 PM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Immediately and often. I like to stay on my pending sales

May 05, 2017 12:35 PM
Rainmaker
1,712,876
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I always think this is the seller's agents job to send the release.

May 05, 2017 11:46 AM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

More data needed.

The buyer agent will reveal if greater urgency must be created.

The seller will make the ultimate decision.

And since the backup is in place, I am willing to make another party happy rather than reward manipulation. 

I will be reasonable, but I'm not a push over. When the back-up does the happy dance, the prime does not get a do-over.

May 05, 2017 11:06 AM