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Old 12-02-2017, 08:25 AM
 
1,055 posts, read 2,487,220 times
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Background: Wrote a contract to build a home with a well-known national builder in end of April and at that time, permitting was going to take 2 months and construction about 6-7 months so were looking at January closing. Home is being built in FL.

We had previously booked X-mas travel plans and are scheduled to be out of the country.

Now, builder is hinting at invoking a contract language letting us know we will be in-default if we don't close on 12/29. I told the builder that we are back on 01/07 and we can close the next business day provided I schedule a final inspection and everything turns out OK.

Why is the builder insisting on closing 12/29? perhaps, financial year end closing? Any recourse for us?

Please don't tell us "hire a lawyer" or "do you have an attorney or real-estate agent".
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Old 12-02-2017, 08:56 AM
 
Location: Central Mexico and Central Florida
4,239 posts, read 1,723,843 times
Reputation: 5796
Probably a tax thing. Why can't you close....everything can be done remotely these days (other than inspection)? Anyone you trust to do the final walk-thru for you??
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Old 12-02-2017, 09:03 AM
 
718 posts, read 290,545 times
Reputation: 1127
Quote:
Originally Posted by Tampaite View Post
Background: Wrote a contract to build a home with a well-known national builder in end of April and at that time, permitting was going to take 2 months and construction about 6-7 months so were looking at January closing. Home is being built in FL.

We had previously booked X-mas travel plans and are scheduled to be out of the country.

Now, builder is hinting at invoking a contract language letting us know we will be in-default if we don't close on 12/29. I told the builder that we are back on 01/07 and we can close the next business day provided I schedule a final inspection and everything turns out OK.

Why is the builder insisting on closing 12/29? perhaps, financial year end closing? Any recourse for us?

Please don't tell us "hire a lawyer" or "do you have an attorney or real-estate agent".

Yeah, January is at least another quarter or worse (for the builder) another FY. Financial results for the builder depend on it as do bonuses, meeting targets, etc. for the local guys you're dealing with. Many national builders are publicly traded companies, therefore they need to deliver results quarter by quarter. A few days if it crosses a quarter or a FY for them is a very big deal.

You expect people here on the internet to know what recourse you have without seeing your contract or being lawyers qualified to advise you on your recourse or your options?

"hire a lawyer" or "do you have an attorney or real-estate agent" - see you've given the best answers yourself!
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Old 12-02-2017, 10:34 AM
 
Location: Cary, NC
28,581 posts, read 50,815,845 times
Reputation: 26750
Quote:
Originally Posted by Tampaite View Post
Background: Wrote a contract to build a home with a well-known national builder in end of April and at that time, permitting was going to take 2 months and construction about 6-7 months so were looking at January closing. Home is being built in FL.

We had previously booked X-mas travel plans and are scheduled to be out of the country.

Now, builder is hinting at invoking a contract language letting us know we will be in-default if we don't close on 12/29. I told the builder that we are back on 01/07 and we can close the next business day provided I schedule a final inspection and everything turns out OK.

Why is the builder insisting on closing 12/29? perhaps, financial year end closing? Any recourse for us?

Please don't tell us "hire a lawyer" or "do you have an attorney or real-estate agent".
What is the penalty if you close after the 1st of the year?

$100/Day?
$200/Day?

They can't just keep your deposit and re-sell can they?

IOW, what does your contract demand of you?
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Old 12-02-2017, 02:37 PM
 
Location: Salem, OR
13,217 posts, read 29,560,240 times
Reputation: 10825
Quote:
Originally Posted by just_because View Post
Many national builders are publicly traded companies, therefore they need to deliver results quarter by quarter. A few days if it crosses a quarter or a FY for them is a very big deal.
This is what I was going to say. Pulte, Ryland, Lennar, KB, etc are all publicly traded companies. They are probably getting pressure from up top to close as many homes as they can for the end of the fiscal year.
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Old 12-02-2017, 04:38 PM
 
Location: Just south of Denver since 1989
10,429 posts, read 27,175,583 times
Reputation: 6552
Either power of attorney or schedule an appt at the American embassy to sign closing docs.
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Old 12-02-2017, 05:04 PM
 
Location: Columbia SC
6,904 posts, read 5,444,406 times
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I did not attend my last two closing. In one the realtor handle it for me. In another, my lawyer did.
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Old 12-02-2017, 05:20 PM
 
7,452 posts, read 6,324,146 times
Reputation: 15618
You do not have to be at the final closing. The simple solution is for the closing papers to be drawn up in advance of your leaving town, and if they are satisfactory, you sign them before leaving town. If the papers are properly prepared, it does not matter what day you sign the papers in advance or at closing. I have had papers signed two weeks ahead of time by the one not being in town for closing signed in Turkey (country), witnessed by the American Ambassador so they would be present for the day of closing. The seller and his wife had flown to Turkey from Libya North Africa, to meet his daughter and her husband for Thanksgiving dinner in Turkey in this one instance.

I had many contracts that were signed prior to closing so they would be there at the closing to complete the sale or purchase fr a client.

Just get the papers prepared before you leave town, and sign them then. The sellers papers may also be signed in advance of closing date.

You can rest assured the Seller in your case, needs the sale to close on the day he is requesting for tax reasons, and to be able to close up all business prior to midnight New Years Eve, for the benefit of his company.

The 29th is the day he needs to have the sale completed, but does not mean you have to be there to sign that day. Just do it before leaving town, and go out of town knowing you will own a home when you return to town.
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Old 12-02-2017, 05:31 PM
 
Location: Saint John, IN
7,231 posts, read 1,829,666 times
Reputation: 7368
Quote:
Originally Posted by MikeJaquish View Post
What is the penalty if you close after the 1st of the year?

$100/Day?
$200/Day?

They can't just keep your deposit and re-sell can they?

IOW, what does your contract demand of you?
Depending on the contract language they most certainly can! If it was me, I’d either ask to close before you leave or give your real estate attorney or realtor the authority (power of attorney) to close for you. Have the realtor or a relative do the final walk through. The builder is trying to avoid closing after the new year for tax purposes.
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Old 12-02-2017, 06:18 PM
 
Location: Finally the house is done and we are in Port St. Lucie!
2,551 posts, read 1,096,151 times
Reputation: 6590
Also, it would be better for you to close before the end of the year that way you can qualify for the Homestead Exemption if this is your main residence.

We closed on our house the 29th of 2016. Moved in the 30th.
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