One option you will most likely have when it comes to dealing with a seller's closing delays is to just allow the seller more time by executing a written addendum to the contract that delays the closing with a new date.
As you can imagine, it's not uncommon for homebuyers to experience delays related to the various aspects of the closing process, but these delays can be both frustrating and costly. All too often, a closing is delayed because a homebuyer chooses the wrong lender.
Title report issues are the most common reason for closing delays. Some sellers are completely unaware that there were previous liens on their property and buyers face the frustration of waiting out these sometimes complicated resolutions.
Closing dates are outlined in the purchase contract. Most closing dates are open to negotiation, but some are set in stone, so check your contract to see if you can even make a change. “A typical purchase contract says 'Closing on or before X date unless a change is mutually agreed upon by both parties,'” says Hardy.
Timing Requirements – The “3/7/3 Rule”
The initial Truth in Lending Statement must be delivered to the consumer within 3 business days of the receipt of the loan application by the lender. The TILA statement is presumed to be delivered to the consumer 3 business days after it is mailed.
In many cases, there is no universal or typical specific penalty for a seller missing the closing date. It usually depends on what's outlined in the purchase agreement. This can range from withholding funds held in escrow to facing legal action for specific performance or damages.
Can you sue a loan officer if a deal fails to close on time and the seller refuses an extension? You can, but whether a judge would even hear your case is another matter.
A lender will want to take a close look at the buyer's financial situation to fully approve their loan. It will also want to get the home appraised, conduct a title search and more — all of which take time. The type of mortgage being granted also plays a role.
In most contracts, both parties must agree to any extension unless the contract specifies that one party has the right to extend unilaterally under certain conditions. The contract may specify penalties for failing to close on time or remedies if the other party is at fault for the delay.
The average time to close varies based on loan type and the state of the housing market, but the variation is relatively small. Closing in 30 days is ideal, but it's usually only possible if the buyer's financial readiness isn't a barrier and no issues arise during the appraisal and inspection.
The closing date is set after your mortgage loan has been approved and you accept the commitment letter. Your agent will coordinate this date with you, the seller, your lender, and the closing agent.
If the contract doesn't include a “time is of the essence” clause, a delay in closing doesn't automatically give you the right to cancel the deal. Instead, both parties usually negotiate a new closing date.
While changing the closing date of a real estate transaction is possible and often necessary, it requires careful coordination and communication between all parties. Understanding the reasons for the delay, acting promptly, and getting agreement in writing are key to a smooth transaction.
It's an exciting moment, but it's not a done deal until the final papers are signed. That means the seller can back out of the contract, though there may be legal consequences if they do so in a way that violates the contract terms.
A closing date listed in a sales contract is legally binding. In most cases, if the buyer is not ready to close by that date, the seller can cancel the sale. Some alternatives to canceling the contract can benefit both the buyer and the seller. Extension: The seller can offer an extension of time to the buyer.
If you have significant changes in your credit, income, or funds needed for closing, you may be denied the loan.
Compensation for delayed closings is usually based on actual losses or damages sustained by the aggrieved person in the event of a delay. The damages could be: Additional living expenses like hotel re,nt or storage costs. Other mortgage or interest payments.
If the buyer absolutely cannot come up with the cash to close, they may lose their deposit and the seller can put the home back on the market. Having insufficient funds at closing could cause the buyer to default on the purchase agreement.
If the seller does not vacate on the appointed date, or leaves the home damaged in some way, then the money held in escrow can be given to the buyer as a penalty or to fix the property. Unfortunately, you've lost your leverage. You've paid the money and the seller hasn't moved.
The closing date is one often misunderstood because, in reality the date shown in a contract is essentially a target date rather than a firm deadline. Few contracts actually close on the exact date listed in the contract.
When the Know Before You Owe mortgage disclosure rule becomes effective, lenders must give you new, easier-to-use disclosures about your loan three business days before closing. This gives you time to review the terms of the deal before you get to the closing table.
The Rule of 28 – Your monthly mortgage payment should not exceed 28% of your gross monthly income. This is often considered the “Golden Rule,” and many lenders abide by it.
A good way to remember the documentation you'll need is to remember the 2-2-2 rule: 2 years of W-2s. 2 years of tax returns (federal and state) Your two most recent pay stubs.