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If a seller delays closing at last minute, 35 hours before

closing, because they have yet...
If a seller delays closing at last minute, 35 hours before closing, because they have yet to complete agreed to repairs and those required by FHA, am I entiteld to compensation? Did they break contract?
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Answered in 1 minute by:
10/24/2013
Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24,870
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

I practice in the metro Pgh, PA area.

Was "time of the essence" as to the closing date?
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Hi!

I don't know if you received my previous response so I'll post it again.

My name is XXXXX XXXXX I'll be the attorney assisting you.

I practice in the metro Pgh, PA area.

Was "time of the essence" as to the closing date?
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Customer reply replied 4 years ago


do you mean was that term included in the contract? I don't believe so. But I was told everything was on track, I set up utilities and deliveries for that day and the next and have now had to undo everthing. Doesn't this constitute breach of contract especially at 35 hours from closing?


 


Time is of the essence in the fact that they have effectivly cut a week from timeline to prepare the hose and move.

What purchase sales agreement form is applicable? Is it the standard PA Realtor's
form?

What's the number of the form or date?

Usually the form has a "time of the essence" clause within.
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Customer reply replied 4 years ago


Standard Pa Form

Does it have at the bottom left the wording "Pennsylvania Association of Realtors"?

I just want to make sure of the agreement that we're talking about.
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Customer reply replied 4 years ago


yes it says that

OK, just wanted to make sure of the agreement form used.

Paragraph #5:

B - the settlement date and all other date and times identified for the performance of any obligation of this Agreement are of the essence and binding.

D - the settlement date is not extended by any other provision of this Agreement and my only be extended by mutual agreement of the parties.




So, botXXXXX XXXXXne is - ABSOLUTELY the Seller is in breach of the contract and you can recover any damages you incur - additional housing or hotel accomodations, additional storage costs, etc.


In fact, you can cancel the contract if you so desire.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer.. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

Law Pro
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