Admin
Michael Elliott, Burlington, New Jersey Residential Sales (Fathom Realty)

Spam prevention
Ambassador
2,533,508
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

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.

Jul 25, 2024 01:21 PM
Ambassador
3,227,273
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
The best agent in Southern Utah!

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.

Jul 25, 2024 04:14 PM
Ambassador
2,105,774
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home again, home again...

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.

Jul 25, 2024 02:14 PM
Rainmaker
1,622,972
Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

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.

Jul 25, 2024 12:16 PM
Rainmaker
1,266,374
Peter Mohylsky, Beach Broker
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

All parties need to agree 

Jul 25, 2024 11:31 AM
Ambassador
3,399,720
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

 

Subject to negotiations ... and mutual agreement in writing. 

Jul 25, 2024 07:22 PM
Rainmaker
1,404,315
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

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?

Jul 25, 2024 05:29 PM
Rainer
484,148
David M. Dwares
Title Professionals Corp. - Fort Lauderdale, FL
Title guy with a broker license

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)

Jul 25, 2024 01:00 PM
Rainmaker
2,475,007
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

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.

Jul 25, 2024 12:56 PM
Rainer
402,939
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

back or forward?  I see moving it back as closing early.  But we have an 8 day unilateral extension available one time to buyers.

Jul 25, 2024 12:39 PM
Rainmaker
2,822,056
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I'd say the agents involve were asleep...What happens? Off mission

Jul 25, 2024 12:15 PM
Ambassador
3,205,361
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

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.

Jul 25, 2024 12:35 PM
Rainmaker
5,952,251
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

All parties have to agree, but if they do not have funds, the lender probably cannot give final approval?

Jul 25, 2024 11:43 AM
Rainmaker
5,402,682
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

I am going to agree with Alan May and move on! He is a better typist and laid it out well. 

Jul 26, 2024 04:48 AM
Rainmaker
934,089
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
NC Real Estate Transition & Relocation 919-602-848

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.

Jul 26, 2024 07:29 AM
Rainmaker
510,280
Katina Hargrove 352-551-0308
Stake Your Land Realty, Inc. - Eustis, FL
Broker/Owner, SFR®, e-PRO®, GRI, AHWD, REALTOR®

Michael Elliott 

Many scenarios can happen.

Jul 26, 2024 05:29 AM
Rainmaker
2,236,291
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Getting all their Funds Together ???!!! 

Jul 26, 2024 06:07 PM
Rainmaker
1,863,792
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

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.

Jul 26, 2024 06:32 AM
Ambassador
2,383,168
Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

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 

Jul 30, 2024 11:05 AM
Rainmaker
867,019
Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

Ultimately up to the seller but I'm pretty confident that it would be granted.  Better to wait 7 days than start all over... 

Jul 28, 2024 07:21 AM
Rainmaker
5,194,688
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Both parties must agree through an Amendment to change the close date.

Jul 28, 2024 07:00 AM
Rainmaker
780,679
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

The request should be in writing and then presented to the seller.  The terms of the contract determine any consequences.

Jul 26, 2024 05:13 PM
Rainmaker
915,833
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

The attorneys and all involved try to make it happen. Delays are not unusual. 

Jul 26, 2024 11:55 AM
Ambassador
6,598,539
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

We presents the facts and the options, and the seller decides how they want to proceed.

Jul 26, 2024 08:46 AM
Rainmaker
5,230,071
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Our contract provides for an automatic extension. 

Jul 26, 2024 08:19 AM
Rainmaker
1,528,464
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

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.

Jul 26, 2024 08:18 AM
Rainmaker
926,188
Jeff Pearl
Samson Properties / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

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.

Jul 29, 2024 01:05 PM
Rainer
1,550
Zoe Koskela-Lewis
RE/MAX Above & Beyond - Cary, NC

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.

Jul 29, 2024 07:29 AM
Ambassador
5,412,151
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

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?

Jul 28, 2024 08:37 PM