2,533,508
The seller needs to agree and if they do, then I suspect they can change the date. If there's a clear to close though, then the moving of those funds shouldn't be required for closing because everything is already set in which case the seller can just say no. Unless I'm not understanding the scenario.
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
-
Lyn Sims
Schaumburg, IL
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Katina Hargrove 352-55...
Eustis, FL
-
Brian L. Sirota, Esq.
Orange, CA
-
Kathleen Daniels, Prob...
San Jose, CA
-
Bob "RealMan" Timm
Minot, ND
-
John Juarez
Fremont, CA
-
Michael Elliott
Burlington Township, NJ
3,227,273
Produce an addendum changing the date, get signatures from both sides and move forward or cancel the contract, seller keeps the earnest money if all deadlines (except settlement) have passed.
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
-
Lyn Sims
Schaumburg, IL
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Bob "RealMan" Timm
Minot, ND
-
John Juarez
Fremont, CA
2,105,774
They are allowed to ask... if the buyer is past their mortgage contingency the seller can ...
a) grant the extension
b) deny the extension... if they cannot close by the agreed upon date, they will be in breach of contract and their earnest money will be at risk.
c) deny the extension, and at the date of closing, if they cannot close, the seller can consider the contract breached, keep the earnest money and accept any other contract waiting in the wings, or put the property back on the market, should they choose to.
-
Debe Maxwell, CRS
Charlotte, NC
-
Lyn Sims
Schaumburg, IL
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Katina Hargrove 352-55...
Eustis, FL
-
Wayne Martin
Oswego, IL
-
Brian L. Sirota, Esq.
Orange, CA
-
Bob "RealMan" Timm
Minot, ND
-
John Juarez
Fremont, CA
1,622,972
It's considered a minor breach in the terms. Technically, there needs to be additional consideration. The buyer should pay for any actual damages, that occur as a result of this breach. Not a lawyer, but best if you have them talk to one if it is a real big issue (such as the seller needi9ng the money to close on their replacement property and delay is causing them to go into breach.
-
Debe Maxwell, CRS
Charlotte, NC
-
Nancy Frimann
Gilroy, CA
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Katina Hargrove 352-55...
Eustis, FL
-
John Juarez
Fremont, CA
-
Joan Cox
Denver, CO
-
Michael Elliott
Burlington Township, NJ
-
Bob "RealMan" Timm
Minot, ND
1,266,374
All parties need to agree
-
Debe Maxwell, CRS
Charlotte, NC
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Katina Hargrove 352-55...
Eustis, FL
-
Bob "RealMan" Timm
Minot, ND
-
John Juarez
Fremont, CA
-
Michael Elliott
Burlington Township, NJ
-
Clay R. Seay
Saint Augustine, FL
3,399,720
Subject to negotiations ... and mutual agreement in writing.
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
-
Michael Elliott
Burlington Township, NJ
-
Kathleen Daniels, Prob...
San Jose, CA
1,404,315
Best answers from Alan May and David M. Dwares
What the heck was the buyer and their agent and their lender doing prior to this request coming forth?
-
Debe Maxwell, CRS
Charlotte, NC
-
Joan Cox
Denver, CO
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
Bob "RealMan" Timm
Minot, ND
484,148
My State would be a state of anger towards the lender and selling agent not informing their client about the need to have things ready for closing, such as insurance, photo ID, cash to close, etc.
I know there are some clients who are told and just don't listen and do what they want. But my state of anger would remain.
(PS, I know that is not what you meant about State)
-
Debe Maxwell, CRS
Charlotte, NC
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Katina Hargrove 352-55...
Eustis, FL
-
Bob "RealMan" Timm
Minot, ND
-
John Juarez
Fremont, CA
-
Michael Elliott
Burlington Township, NJ
2,475,007
I believe it is/was a matter that BOTH Buyer and Seller agree on Michael Elliott (remember that I'm now retired so it may have changed). If it was one sided it could get dragged out forever.
-
Debe Maxwell, CRS
Charlotte, NC
-
Katina Hargrove 352-55...
Eustis, FL
-
Kathleen Daniels, Prob...
San Jose, CA
-
John Juarez
Fremont, CA
-
Michael Elliott
Burlington Township, NJ
-
Joan Cox
Denver, CO
402,939
back or forward? I see moving it back as closing early. But we have an 8 day unilateral extension available one time to buyers.
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Katina Hargrove 352-55...
Eustis, FL
-
John Juarez
Fremont, CA
-
Bob "RealMan" Timm
Minot, ND
2,822,056
I'd say the agents involve were asleep...What happens? Off mission
-
Debe Maxwell, CRS
Charlotte, NC
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Katina Hargrove 352-55...
Eustis, FL
-
John Juarez
Fremont, CA
-
Richie Alan Naggar
Riverside, CA
-
David M. Dwares
Fort Lauderdale, FL
3,205,361
First of all, you can't have CTC until all funds for downpayment are available. In my state there is a unilateral 8 day potential extension to contracts for such things. Beyond 8 days the seller would have to agree.
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
-
Katina Hargrove 352-55...
Eustis, FL
-
John Juarez
Fremont, CA
-
Bob "RealMan" Timm
Minot, ND
5,952,251
All parties have to agree, but if they do not have funds, the lender probably cannot give final approval?
-
Eileen Burns 954.483.3912
Fort Lauderdale, FL
-
Katina Hargrove 352-55...
Eustis, FL
-
John Juarez
Fremont, CA
-
Bob "RealMan" Timm
Minot, ND
-
Clay R. Seay
Saint Augustine, FL
5,402,682
I am going to agree with Alan May and move on! He is a better typist and laid it out well.
-
Debe Maxwell, CRS
Charlotte, NC
-
Michael Elliott
Burlington Township, NJ
-
Bob "RealMan" Timm
Minot, ND
-
Katina Hargrove 352-55...
Eustis, FL
934,089
We do have time built into our contracts without permission. I think it is only 4 days now. So, this would require a negotiation between buyers and sellers. Depending on the excuse, the seller would most likely agree if the alternative is not closing.
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
-
Michael Elliott
Burlington Township, NJ
510,280
Michael Elliott
Many scenarios can happen.
-
Debe Maxwell, CRS
Charlotte, NC
-
Bob "RealMan" Timm
Minot, ND
-
Joan Cox
Denver, CO
2,236,291
Getting all their Funds Together ???!!!
-
Debe Maxwell, CRS
Charlotte, NC
-
Michael J. Perry
Lancaster, PA
1,863,792
We extend or dump the buyer & start over. This should have done long before the closing in 7 days. Someone dropped the ball. We are an attorney state so the sellers attorney would find out sooner than this.
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Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
2,383,168
Michael Elliott: Every state has different contracts. In parts of New Jersey closing is on or about in Pennsylvania it a specific date and it must be changed in writing
-
Michael Elliott
Burlington Township, NJ
867,019
Ultimately up to the seller but I'm pretty confident that it would be granted. Better to wait 7 days than start all over...
-
Debe Maxwell, CRS
Charlotte, NC
5,194,688
Both parties must agree through an Amendment to change the close date.
-
Debe Maxwell, CRS
Charlotte, NC
780,679
The request should be in writing and then presented to the seller. The terms of the contract determine any consequences.
-
Debe Maxwell, CRS
Charlotte, NC
915,833
The attorneys and all involved try to make it happen. Delays are not unusual.
-
Debe Maxwell, CRS
Charlotte, NC
6,598,539
We presents the facts and the options, and the seller decides how they want to proceed.
-
Debe Maxwell, CRS
Charlotte, NC
5,230,071
Our contract provides for an automatic extension.
-
Michael Elliott
Burlington Township, NJ
1,528,464
Seller would have to agree to it. I would council to require the deposit be released from escrow to the seller, or a per diem be charged, as this is an inconvenience to the seller and shows a risk that the buyer may not be as solid as once thought. This could also jeopardize the seller's purchase if they were needing the funds from this deal to close theirs.
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Debe Maxwell, CRS
Charlotte, NC
926,188
Probably extend closing and keep deal on track to close. If a 2nd or 3rd request is made, then it might be time start the process of putting property back to Active. But I wouldn't wait to start looking for a back up offer.
1,550
NC has an automatic “Delay in Settlement” clause. If the buyers is actively working on securing funds to close but cannot meet the settlement date, they are entitled to a 7 day grace period provided they give as much notice as possible.
5,412,151
That would be the grace period limit in NC, Michael. 7 days are allowed in our Contracts (used to be 14 days)! Now, to go beyond that 7 days, both parties would have to agree. Is that similar to your state?