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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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We have a contract to sell our ranch in Texas. Our original

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We have a contract to sell our ranch in Texas. Our original closing date was Oct. 11. It was delayed by the buyer 4 times since then and is now Nov. 30. Today, Nov. 28, we have been told by the real estate agent they are considering changing lenders. I assume that would add 3 to 4 more weeks.

We have started paying rent on a house in FL as of 10/28 including all the prepays. We have started proceedings toward a home purchase in FL including an earnest money payment. We have packed up and are living out of boxes and sleeping on a mattress pad. Our mortgage comes due Nov. 1 (then we will be paying rent AND mortgage.) Our home insurance expires the 31st and will have to be renewed if there's another delay. We are retired on fixed income and are starting to draw heavily on credit having expected to pay everything this Wed.

What legal recourse do we have if they determine we are not closing Wed.? We've signed 4 addendums which are obviously a joke. What if we are expected to sign a 5th?

Good morning Charles,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You are not obligated to sign another addendum granting the additional time, and you may simply sue the buyer and claim breach of Contract. The damages you would seek would be all of the consequential damages flowing from their obligation to close from the date they last were obligated to close and you did not forgive by agreeing to an addendum extending the time.

You can also make any agreement to wait once again for a closing contingent on their payment to you of a certain amount of money---to help cover all the losses you will incur by reason of another delay in the closing of the property. You can ask that they pay the insurance and any storage fees you may be incurring.

You do not have to tolerate the continuing postponements and you do have the right to sue them for breach of contract and collect your damages if they will not close as planned.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.


Customer: replied 3 years ago.

I do have a follow up question based on your answer: The last addendum brought to us by our agent, the 4th delay, we signed on his advice and it agreed to the delay to the 30th. Most of our expenses were incurred prior to the 30th, but were based on that date as our expected closing (and receipt of funds to cover our expenses.) Therefore, we would require compensation for expenses prior to the last agreed on date (forgiven delay.) Is this a problem?

Also, since our real estate agent was contracted to represent us, and since he never advised us of theses alternatives when we were asked to sign the extensions, would we also have legal action against him and/or would he be included in any action against the buyers.


Hi Charles,

I am happy to answer your follow up questions.

When you sign an addendum granting additional time, in doing so you eliminate your ability to later sue for the damages that you have suffered. If you want to win the case for Breach of Contract you cannot continue to sign agreements giving them the additional time. The money lost which occurred up until the next closing date is something that cannot be recovered---because you granted them this addition time without making the extensions of time conditional on them giving you something of value for your agreement to postpone---such as the money you are losing by postponement. That is why I suggested that you demand something in return for any new postponements that you agree to.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,


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Customer: replied 3 years ago.

Thanks for the excellent advice. We would like to keep this thread open just a little bit longer until we have talked to our real estate agent in case another question crops up as a result.

Hi Charles,

This thread will never close to you. You will always be able to come back to it---even years later. And, rating me now does not prevent you from asking follow up questions at a later time either.

Thank you for your kind words. They are appreciated. Please keep in mind that even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

Thanks again.

Have a great day,

Thank you for your positive rating of my service, Charles. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future new legal questions you may have as well, by simply placing my name in the first sentence of your new question.

Thanks again.


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