QUESTION

We are sellingour home on our own.Contract was signed Oct. 14th,2011.Closing date was Nov.18th.It is now Nov 23rd.

Asked on Nov 23rd, 2011 on Residential Real Estate - Florida
More details to this question:
We live in Palm Coast,Fl. We have a lawyer doing the closing. The lawyer that is doing the closing keeps telling us the bank is not ready yet. And that the bank can take long as to the TILA .We were out of the house the 18th ,turned off our electric,water and canceled our House Ins. when we reached the lawyers office that is when we were told that the closing isn''t going to happen maybe next week. Is it leagal for banks and closing (lawyers) able to control the closing like this?
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1 ANSWER

Probate & Trust Attorney serving Fort Lauderdale, FL at Parady & Zikakis, P.A.
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If the lawyer "doing" the closing represents you and not the buyer, please ask your lawyer if this delay is permitted by the contract and if you have any financial recourse against the buyer for the delay. For example, if the contract has a "time is of the essence" clause, you can request that the buyer pay the real estate taxes and other expenses of property ownership from the contract closing date forward. This presumes that the buyer will eventually close. If the lawyer "doing" the closing represents the buyer and not you, then you may not be getting the straight story. Your limited facts suggest that the buyer may be having trouble with the loan. Many lenders are taking their time getting loans closed because they are being very cautious and careful.  Hopefully the buyer's loan will be approved and closed within a few days and you can ask for the allocation of expenses mentioned above.  If there is a bigger problem and the buyer will not be able to close, you will need to seek local counsel to review the contract and the situation to determine if you are entitled to any remedies. The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues. 
Answered on Nov 27th, 2011 at 6:00 PM

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