Can a seller choose to delay the contract closing date in New York State?

Asked by Carl, 12866 Tue Aug 11, 2009

The seller of the home set a closing date and yesterday (5 days before closing) has chosen to delay the date because he decided to go on vacation, the seller set this date and both parties have signed the contract.1) Can he legally do this? 2) What are my options?

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Bart Bergbom, , Saratoga Springs, NY
Fri Aug 14, 2009
You Should seek the advice of your attorney (if you do not have one, I can recommend one for you).
The closing date is an agreed upon date which is a target. It is not uncommon for this date to change due to many possible circumstances. There are several ways that this can be dealt with, but I would advise to work together to find an amicable answer. If you still want to purchase this home, demands may make situation worse. One possibility is for the seller to sign paperwork in advance so closing can take place while he is on vacation. You can also request an early occupancy agreement if there is a reason you need to be in the property immediately. This would allow you to move in while they are away and then have the closing when they return. If both sides are working with attorneys, this can easily be sorted out. If you would like to discuss further, you can reach me at 490-1231 or by email at
1 vote
Ralph Windsc…, Agent, Hauppauge, NY
Fri Sep 11, 2009
Most contracts have an "on or about" date as the closing date which usually means that the closing date will be set anywhere 30 days before or after that date. You should consult with your attorney about your options but I doubt there's really anything you can do. Sorry. I hope it all works out and wish you many happy and healthy years in your new home - when it eventually closes.

Ralph Windschuh
Century 21 Princeton Properties
0 votes
Tom Garrett, , Saratoga Springs, NY
Thu Sep 10, 2009
Life throws us all a lemon from time to time... I am sure this is emotional for you, but try to look at the big picture and think about how good you will feel after you move in. Yes it can be fustrating when there is a delay but remember the seller may be just as emotional and not ready to part with a loved homestead even though they made the decision to sell....maybe they just don't care...the bottom line is recognize it for what it is, remember that you have already gone past the hard stuff now, it just the crossing of the t's and dotting the i' look forward to making some lemonade and enjoy and relax! Good Luck
0 votes
What a stupid answer. The seller is waiting to find out if the house has appraised, the closing date is drawing near and the seller has no where to go if at the last minute the house appraises. Stick those lemons where the sun doesn't shine! Moron answer
Flag Mon Jun 17, 2013
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