our loan will not be ready before the closing date. We're willing to cover the cost of utilities and melow rees, hoa. should we cover their?

Asked by Ming Wang, San Diego County, CA Thu Mar 8, 2012

mortgage? The seller asked us to cover their mortgage. But we don't want to.

Help the community by answering this question:

+ web reference
Web reference:


Janet McCarthy’s answer
Janet McCart…, Agent, San Diego, CA
Thu Aug 16, 2012
Your Realtor should have submitted a request for extension of time contract to allow for the additional time it takes to get the loan.
It's becoming more common for loan to close late and if your Realtor is in communication with the sellers agent than this is a simply process. If your Realtor did not file for an extension the sellers Realtor can submit a Notice to perform which would require you to remove the loan contingency.
Janet McCarthy
Connect Realty
0 votes
Irina Karan, Agent, Fort Lauderdale, FL
Tue May 8, 2012
Hello Ming,

This is subject to negotiation.
Both - the seller and the buyer - have to agree to something.
You propose what you want, they say yes or no, or the seller may counter.

In the end, you have to agree on something.

I've seen all of what you mentioned - from buyers paying nothing, buyers paying utilities, buyers paying utilities and HOA fees, and buyers paying mortgage, utilities, HOA...

In foreclosures, there is an $100/per diem (day) payment, if you are behind on schedule, f.e.

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
1 vote
Cindy Davis, Agent, San Diego, CA
Tue May 8, 2012
That's between you and the seller. That said, if your loan is not ready, and your are in breach of contract by not closing on time, you do bear some responsibility for trying to keep the deal together.
0 votes
Vic Yamauchi, Agent, El Cajon, CA
Thu Mar 8, 2012
Hello Ming!

It's a matter of making the transaction work to the mutual benefit of the buyer and seller. A motivated buyer and a motivated seller given professional advice from your agent should make whatever adjustments needed to close your transaction.

How late are you in closing and if you were in the seller's shoes, would you be upset that the buyer is not performing as contracted?

If you paid such and such, is the seller willing to extend the escrow in writing long enough to get the escrow closed?

If you do not pay for such and such, are you willing to walk away from the home?

If you do not pay such and such, will the seller give you the 24 hour notice to perform and if so, is the seller in a position to cancel the transaction?

Did you provide everything the lender needed in a timely manner so the lender could close on time? If so, what are the reasons the lender is late on closing?

If the lender is at fault, is the lender willing to make amends by paying a per diem penalty to cover the seller's inconvenience for not closing on time?

Where did you find this lender? Did you choose the lender or was the lender highly recommended by someone? Does that someone have influence to get the lender to move faster? (assuming it's the lender's fault)

These are just some of the questions you might ask yourself and the parties involved and perhaps the answers will lead you to make the right decisions regarding your purchase.

Good luck and take care....

0 votes
Janet Nation,…, Agent, Garden City, NY
Thu Mar 8, 2012
I don't understand your question, how is there a closing date if you don't have a loan commitment?
0 votes
Search Advice
Ask our community a question

Email me when…

Learn more