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Am scheduled to close tomorrow afternoon on a house I am selling. Buyers scheduled their final walkthrough for today at noon. Got a text from my Realtor at 5pm that the buyer's agent said they had trouble with the lockbox and couldn't get in to do the walk through and now want to reschedule the walk through two days from now! Funny, no problems with the lockbox for the past two months or the past three times this realtor and these buyers have been there. Additionally, we work two miles from the house and could have easily brought a key over for the buyers but the buyer's agent didn't call anyone until this evening to say there was a problem.
I've been calling and texting my realtor to see what the heck is going on and if this means settlement is delayed but am getting NO response from her...it's been 5 hours since she dropped this bomb on me and I have no clue what's going on. (My realtor also is on vacation after mistakenly booking her trip on my scheduled settlement day(!) so I am supposed to be represented by another agent in the company.)
The only thing the contract says is that "Buyer reserves the right to inspect the Property within five (5) days prior to settlement." There is nothing in there about them having the right to cancel or delay closing if they don't make it within those 5 days.
So can I refuse to delay closing since they already had their 5 days (they also still have tomorrow before settlement they could walkthrough too but are asking for a Thursday one) and didn't get it done? I have already made all the requested repairs and provided invoices and the place is empty and totally cleaned out and in turn key condition. For the record, they have missed every contingency deadline throughout the contract and I have been nice and let it slide and accepted things late because I wanted the sale to go through.
Do I just show up at settlement tomorrow afternoon and say since I haven't gotten anything in writing I want to sign all my stuff? I thought everything was fine and on track....ugh!!!
Your options depend on the terms of your contract and what you are willing to do. Best to consult with your agent, or perhaps her broker if you can't reach her. It's likely your only real option may be to cancel the sale if they've missed the deadline and are unwilling to close without a walk through. Otherwise, if you want to get it sold you may need to agree to an extension. If you goal is to get it sold, then probably best to consider the latter.
I agree, not to nix the whole deal over this but I would sure demand that their realtor prepare the proper paperwork signed by the Buyer, requesting this delay and after you have signed, your broker would send it to the escrow company so everything is documented. Why in the world can't they go first thing in the morning? You'd think THEIR realtor would have gotten the dang door open for them so he'd get paid! Frustrating huh? Best wishes, and I hope you close inside of 2 days!!
Here we are two days later, holding our breath and waiting for an update.
Closed or not closed
????
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