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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3414
Experience:  25 years of experience in general practice, real estate law and estate law.
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The agreed to closing date has been missed by the buyers due

Resolved Question:

The agreed to closing date has been missed by the buyers due to mortgage firm backing out 3 days prior to closing. Sellers lawyer presents buyers with extension on closing date. Buyers sign extension. Four dates later buyers notify sellers all financing is in place, ready to close. Sellers claim they never signed extension that their lawyer originally presented to buyers, and refuse to close. I have been told that since seller presented the extension and the buyers signed it, that it is a legally binding document. I need advise. Thank you, XXXXX XXXXX
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 9 months ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.

Just to clarify, the Seller's attorney agrees to extend the closing to a certain date and the purchasers agree to the extension. Is that correct?
Customer: replied 9 months ago.
Yes
Expert:  Attyadvisor replied 9 months ago.
That is a binding agreement. You do not know why the seller is refusing to close?

Does the contract provide for specific performance if the seller fails to close?
Customer: replied 9 months ago.
Do not know why seller refused to close Friday. Not aware of any specific performance if seller refuses to close.
Expert:  Attyadvisor replied 9 months ago.
Do you have a copy of the contract?

The agreement sent by the attorney is binding on the sellers.
Customer: replied 9 months ago.
So the answer to my original question confirms the extension provided by the sellers is binding despite that the sellers did not sign the extension? That's my understanding and I feel you have confirmed it. Am I correct? Is there a way I can have this conversation sent to my e-mail address? Thank you.
Expert:  Attyadvisor replied 9 months ago.
Yes, that is correct. The seller's attorney provided a new closing date and the purchasers agreed. That is binding on the seller.


I apologize, the attorneys are not permitted to email the customers. You would need to ask customer service if they can provide you with an email copy. 1.888.862.9212
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3414
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 10 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 9 months ago.
Thank you.

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