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We agreed with our buyers initial date for our closing--now they have found a previous engagement and want to change the date. We can change the date to the following week but cannot change it earlier (my husband is planning on using his days off Tuesday and Wednesday to do the final move out) and then Thursday he works during the entirety of business hours (he is not allowed to take personal time/sick time).
So where does this leave us? My husband will not presign things. We would like to stick to the original date--the one the buyers wanted and we agreed upon.
It may depend on which state you are in. Here, the buyers and sellers don't meet at the same time. They both sign ahead of the official closing date, which just represents when the deed is recorded. There's a lot of flexibility on when you actually sign, as long as it gives the title company time to process the paperwork to meet closing. Different than in an attorney state where you both meet on the closing day to sign and record the sale.
Best to discuss with the buyer and reach mutual agreement on changing the date if necessary. Then sign an addendum to the contract with the new date.
In this market I think you need to do everything you can to get the sale closed! If you can not arrive at a closing date, the sale could fail. You might get to keep the earnest money (big deal).
If you are using a title company, I would have no worries about pre-signing.
Do what you need to do to close the sale!
Oregon works the same way as AZ. Buyers and sellers sign at different times.
If that date doesn't work for the buyers, then you could close earlier but you still get to stay in the house post close and move when planned (called a rent back out here).
You can hold them to their contract. I have had sellers that just couldn't budge because they couldn't. You can't flex on moving dates so the only problem to figure out is if there is a way to make it so you move on the same dates while still accomodating the buyers desires to close on a different day?
Same here in Idaho. Buyers and sellers sign separately and can sign anytime from when the docs are ready until the day of closing. They can close 2 weeks ahead of time if the docs are ready that soon. Signing is just signing. Recording the docs is actually closing. If the buyers have a previous engagement, woudn't they be the one who would need to sign early, not your husband?
Anyway, they are asking to change the terms. Your choices are
1. You can refuse take the risk that the sale falls or
2. You can offer an alternative date that would work for you and see if you can agree on another date.
In Illinois, buyers, sellers, their respective agents, attorneys and sometimes the lender all meet at the title company on closing date unless both principals agree to some other date.
There is no reason for a seller to be present at closing. Sellers can pre-sign most docs and give their attorney, power of attorney. Should there be unforeseen circumstances, their attorney or agent will call.
So where does this leave us? My husband will not presign things. We would like to stick to the original date--the one the buyers wanted and we agreed upon.
Why would your husband not want to presign? As long as the bottom line stays the same for you, why complicate things.
As you see the customs are different around the country. What does your Realtor suggest?
The realtor suggested presigning--my husband does not want to do this due to being stubborn--
Generally here in Indiana it is like middle-aged mom said it is in IL--so I think he wants to meet the people and do it 'how it's usually done' at least here.
I guess we're upset as we took the offer as is with no changes and accepted their date as is with no changes and now a few weeks before closing they are trying to change the date--we just want everything to go according to the original plan.
... I guess we're upset as we took the offer as is with no changes and accepted their date as is with no changes and now a few weeks before closing they are trying to change the date--we just want everything to go according to the original plan.
Well, it's really their problem and not yours unless you think they may back out of the contract due to this. They must abide by the contract dates unless both of you agree to change.
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