QUESTION

Is a real estate buyer obligated to close escrow on or before the closing date specified in the escrow?

Asked on Sep 01st, 2016 on Real Estate - California
More details to this question:
Buyer's offer for subject property was accepted and 30-say escrow opened on 06/21/16. On 07/20/16 buyer requested and was granted a 3-week extension to 08/19/16. On 08/18/16 buyer requested and was granted another two week extension to 09/02/16. It is apparent escrow will not close anytime soon. The fault appears to lie with buyer's mortgage company, who says they are "too busy." Is an escrow a contract? Is this not breach of contract? Are there any consequences for the buyer or the mortgage company for failing to close on time? Or can they take as long as they want?
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2 ANSWERS

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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This is why sellers need to use a licensed real estate broker or a licensed attorney when selling real estate. You have a contract, but you don't know exactly what the terms are. Most of the terms are whatever is in the escrow instructions you and the buyer signed. However, the buyer is in a position to allege almost any terms the buyer (or the buyer's attorney) chooses to make up. For example, they could allege that you agreed that they could take as much time as they needed to get the loan, as long as they were doing what they could.  Even if you had a contract, enforcing it in court generally takes at least a year. If you had a contract with an arbitration clause, it might take a couple of months, but I once prolonged an arbitration for nearly a year. Many parties to home purchase contracts choose to initial the arbitration clause in all the most common agreement forms used by brokers. You need an attorney to help persuade the buyers to cancel the contract, in writing, so that you can move on to the next buyer. Don't sign up a new buyer until after you get something in writing signed by the buyer canceling his or her claim against the property. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack
Answered on Sep 07th, 2016 at 10:38 AM

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Probate Litigation Attorney serving Anaheim, CA
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An escrow instruction signed by both parties becomes a part of the purchase agreement so the closing date is binding. Typically your option would be to cancel the escrow and possibly keep the deposit that the buyer has deposited into escrow, but depends on what the actual contract docs say.
Answered on Sep 01st, 2016 at 11:35 AM

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