Hey BP community,

Selling a NorCal (failed) flip with Close of Escrow scheduled for, Sept 15. Hard money carrying costs are ~$162/day.

The buyer signed Form CR (all contingencies removed) and signed final loan docs early, but the lender refuses to fund prior to Sept 15. The lender had initially verbally agreed to a Sept 9 COE, but today they said "never mind".

I want my listing agent to serve a Notice to Buyer to Perform on Friday, Sept 11 so the mandatory 2-day cure window runs over the weekend. This locks in Sept 15 as an absolute hard stop if the lender delays funding to Sept 16.

My agent thinks sending an NBP is unnecessary and overly aggressive since the buyer has performed in good faith, which is true, it's the lender who changed their mind.

Do you routinely pre-issue an NBP when carrying high daily interest, or do you wait until COE is actually missed?

How do you frame a pre-emptive NBP to the buyer's agent so it feels like a routine administrative step rather than a hostile threat?

When we bought this home, the seller issued a NBP to us literally the day we were supposed to remove contingencies (per the contract). Our listing agent selling this home is the same one we used to buy it, so maybe this is was a bad idea.

Thoughts?