The purchase agreement is as contract. If the Buyer (or Seller) fails to show up at the closing ready to close, then they have breached their contract to purchase the property. That means the Buyer can elect to wait for a new closing date, or declare the contract breached and can relist the house.
In California, when a buyer doesn't honor timelines set out in the sale contract – including the closing date – the seller can issue a Notice to Perform to the buyer within 48 hours before the deadline. A Notice to Perform gives the buyer 48 hours to take care of listed issues before the contract will be canceled.
“If all of the buyer's legitimate deadlines have expired and the buyer is considered to be in default of the contract, the seller can elect to keep the earnest money as liquidated damages and agree to cancel the contract,” says Horner. “Or, the seller can elect to sue.”
If a buyer's financing falls through without the protection of a mortgage contingency clause, they'll likely lose their earnest money deposit and may open themselves up to additional fees and potential lawsuits.
In some cases, buyers may request a delay in the closing date due to financing issues. For instance, if the lender requires additional documentation or the buyer's credit score has changed since the loan was pre-approved, it can cause a delay in the closing process.
You lose the house and your deposit. But this is likely to happen only if you're the one causing the delay. If you lose your mortgage commitment and are unable to pay for the house, the seller will have the power to decide whether to move forward with the sale.
In California, home buyers can legally back out of a real estate transaction without losing the deposit if they have a contingency in place. This contingency should be written into the purchase agreement in the form of a standard legal clause.
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.
Negotiating a delayed closing
Instead, both parties usually negotiate a new closing date. As a seller, you can set a new deadline by sending a notice. If the buyer still fails to close by this new deadline, you can consider backing out of the contract.
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.
Sellers have the right to sue for damages Even if the reason you missed the closing date was unintentional and out of your control, the seller may pursue legal action because you are technically in breach of contract.
If the lender doesn't approve your loan by the closing date, then the purchase contract may expire. The seller might agree to push back the closing date to allow you more time to get your loan, but they don't have to. If your loan is not approved, the sale will fall through completely.
Some buyers may be able to negotiate an immediate possession date. This means as soon as the transaction is closed and the deed is recorded, the buyer can move in. A few other common buyer possession dates may be 15 days, 30 days, 60 days, or even 90 days after closing, depending on how much time the seller needs.
A closing on a home can be delayed for many reasons, including a lower-than-expected assessment, problems found at the time of the inspection, or if there is an issue with your mortgage loan.
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.
Roll closing costs into the mortgage
If you can't afford to pay your closing costs up-front, you may be able to roll all or some of the fees into your loan. You won't pay anything at closing, but the lender adds the fees to your principal, increasing your total loan amount and monthly mortgage payment.
There are a few key reasons you may get money back when you close on a mortgage transaction: Refinancing with cash out – Taking equity out of your home through a refinance results in cash proceeds. Seller credits – Sellers sometimes offer credits to cover closing costs.
Ask for Closing Cost Assistance
Non-profit organizations offer closing cost assistance programs in certain areas. They provide grants, typically $2,000-$5,000, that do not need to be repaid. Reach out to housing counselors in your state to see what closing cost help may be available.
If you back out of buying a house after signing a purchase and sale agreement, you may lose any earnest money tied to the offer. The average earnest money deposit can be as much as 3% of the home's value. In expensive areas, this could mean tens of thousands of dollars.
Should a buyer break the terms of the contract, they may be at risk of losing their earnest money deposit. However, there are a number of potentially agreed-upon contingencies that may protect the buyer from backing out of a deal but still keeping all of their earnest money.
After a buyer's offer is accepted, you'll want to visit the home numerous times before closing day. This includes meeting there with your Real Estate Agent, Inspectors, Contractors, Appraisers, and more.
Key takeaways. If you miss one mortgage payment, lenders will often issue you a 15-day grace period to pay without incurring a penalty. If you miss four consecutive mortgage payments (or are 120 days late), most lenders begin the process of foreclosure on your home.
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 not protected by the contingency, and you do not close on time, you could be in breach of contract, lose your earnest money deposit, and the seller could come after you for additional damages.