Port Chester, NY · Member since 2016 · 210 posts · 157 votes
I'm selling my own home in Westchester and moving to NJ, but had hit a speed bump. The buyers for my home just received the commitment yesterday and would like to close ASAP. However, the contract says Nov. 10 as the closing date. The problem is, my estimated closing date for my home that I am moving into is Nov. 19th. When I saw them through the inspection, they said they'd work with me on the move out date, as I told them I'd prob. need a week or two to close on my house. However, now, through their attorney, they are asking us to try our best to close on the 10th; I just do not know how this would be possible. I do not know what to do, as I am awaiting my title search to be completed and then we can close. I am not trying to be difficult with them, but I am not sure what else I can do. I am moving a lot of stuff, so it's not as just moving me and a few things.
Hoping for advice here The NY attorney isn't being very helpful on how to buy time.
@Mike A. how was the contract written up? Is there a provision for you to delay? Your attorney should be fighting for you on this point, and should have protected you beforehand in the contract.
@Mike A. how was the contract written up? Is there a provision for you to delay? Your attorney should be fighting for you on this point, and should have protected you beforehand in the contract.
Says on or about that date. However, they said they'd work with me on the closing time since I was selling this one to buy another one. They asked us, through their attorney, to close not later than that date as they have moving vans and designers coming the next day to deliver their stuff from Boston and such. My response was, we'll try, but my closing date is not until a few days later. No response as of yet.
So the people buying your house want to close sooner than Nov 10. The house you are buying was set to close on the 19th? If the people you are buying from are willing to move up the date from the 19th, it shouldn't be a problem. You should be able to close on properties in 2 weeks if needed. Talk to another lawyer to see if they can do better. Your lawyer should be able to handle this.
Assuming I have the dates right, you would have had a 9 day period where you had no house. If you close sooner on the house you are selling, see if you can stay with whoever you were planning on staying with for that time for a few more days.
I'm not an attorney, but unless there is a time is of the essence written into the contract the closing date is an on or about date and either party can postpone for up to 30 days. Check your contract to see if it says "on or about" and check the riders to see it there is time is of the essence clause.