Do we have any rights as sellers? refer to(Fri Dec 12 2008, 02:39 - 12443 - Home Selling )

Asked by Tony, Lagrangeville, NY Mon Dec 29, 2008

The Time Being of the Essence extension Deadline expires Jan 7.We do not have a firm mortgage commitment in writing from the buyers from a lender yetThat is 6 banking days from now! Also, if buyers want to do walk through they were given the option in contract to do it 48 hours before.That only gives us 4 days to get ready.We live out of state and need a full day for traveling. We will need time to get lodging, get paperwork from the bank in order like the payoff for our mortgage.We will need to have the tax adjustments,and fuel and other stuff essential to closing made available.The more I go over this in my mind the less likely closing seems to be able to happen! We want to know asap as to whether they are ready to close.Their agent has only said"it looks very promising for them".How long does it take for a bank to approve a mortgage?They applied to this bank over a week ago.They have been at this for over 2 months! Can we demand to get a mortgage commitment in writing by tomorrow?

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Randall Sand…, Agent, Charleston, SC
Tue Dec 30, 2008
Hey Tony - We just dealt with something similiar to this last week. The banks are taking so long now and changing their minds on a regular basis. I would continue to ask for approval and hope they get it done. Do the best to make your arrangement without spending a lot of money and hope it goes through.

Best of luck and I hope you close,

Randall Sandin
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Eric Funk, Agent, Morristown, NJ
Mon Dec 29, 2008
it sounds like your attorney has already applied 'time is of the essence'. Is this in regard to the buyers obtaining the mortgage committment or for the closing date?
I'm assuming that it is for the mortgage committment (and yes - banks can be slow). If this is the case then you can do no further unless they miss the deadline.
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Gail Gladsto…, Agent, 11743, NY
Mon Dec 29, 2008
You can only demand that which your attorney has put into your contract.

This is a very good example of why sellers should only get into contract with buyers who are a) putting down a minimum of 20%, b) have a LENDER's pre-approval with only two contingencies, a contract and an appraisal. This indicates they have gone through the full application processes and all of their documents have been verified and fit a mortgage program.

The oil company can be requested to measure the tank (they can do this from the outside) on the day of or before closing and they can fax the certificate to your attorney.

It does not make sense for a walk-through until you have moved out of the house. They will have to do one even if you have not moved everything out, but escrow will be held until a final walk-through is done and a release signed.

Make your moving arrangements; the movers are used to closings being delayed or cancelled for various reasons and if the closing does not happen, you will not have moved unless you so desire. check your contract to see if your attorney has given you an additional 5 days to remain in the house.

Your bank can provide you with a payoff number as late as when you are sitting at the closing table if need be. Do not stress this.

Your attorney will take care of tax adjustments.

It seems as if there is a lot to do, but just take one thing at a time. It is all attainable, but you need to stop looking at the big picture and start taking each task one-by-one.

If your contract demands a commitment by a certain date (or amount of days) and that time has passed, you have every right to have your attorney send a time is of the essence letter and you can ultimately severe your relationship with the buyers and start over. Is that really what you want to do?
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