Check the closing date in your offer to purchase contract, you have 10 days beyond this date for closing. But, you must let the Seller know in WRITING the reason for delay and you must be acting in good faith trying to close on or before the extended time date. I just closed on a property with the same problem. We put in writing the reason for delay and proof of trying to close. The Seller was upset and demanded the 8% penalty monies for any extended time after the 10 period. We got closed before the extended 30 day period, but my client paid penalities. Again, read your contract, it states the time periods you are given.
You should have an Agent doing this work for you. Good luck.

Kathy - if you used the standard NC contract without modifying it, it depends on what date you put in section "18.Closing" Did you put the 10th or the 19th? In the current market, delays at closing are common, as many lenders have over extended themselves and cannot process the closings on time. But check section 18 of your contract, by default it gives you 10 days extension to close with out penalty, as long as you are acting "in good faith and with reasonable diligence to proceed to closing" but it is critical you give as much notice as possible to the seller IN WRITING!!! If you go over the 10 day period, you are penalized 8% per annum of the purchase price. If the delay takes over 30 days, then the seller can cancel the contract and keep the earnest money.

By now you should have an closing attorney selected, I strongly recommend you call them up and ask about this situation. In the current market, a seller would be crazy to kill a deal over 9 days delay. Good luck.

first, you should have had an agent to represent you directly. the most important question is, when you drew the contract up what closing date did it state. If it said the 19th, then the seller has to give until that date, however if it said the 10th, then they could terminate, normally sellers are a little bit more flexible than to lose a contract over 9 days, that's silly. There are a lot of factors in this question.
Feel free to give me a call or send me an email and we can go over in more detail.
Thank you

Lisa Revis
Southern Charm Realty inc
704-856-2551
sold28117@yahoo.com

Kathy,

Your real estate agent should be able to provide you with proper guidance on this issue. If you have an executed contract, this document will should clarify the closing date for both parties.

Initially, the closing date is negotiable and is agreed to by both the buyer and seller. Any change beyond the initials agreement also must be agreed to by both parties.

For either party to "withdraw" from an executed contract would be illadvised and could result in penalties. Our recommendation is to consult an attorney for review of your situation and their input.

Good luck