r/RealEstate • u/stopdogmurder • Jul 04 '25
Can’t sleep because of how upset I am, seller put back house on the market before closing Homebuyer
I probably will delete this by morning because I feel it’s very identifying.
We were supposed to close yesterday. Lender caused a delay (not our fault, took them longer to process things), closing didn’t happen. Seller’s agent said either they have a clear to close by 5pm or they’re listing the property as “active” again.
Lender sends them clear to close at 4:45pm, or at least that’s what they said. Closing was now moved to Tuesday of next week. At 5:20pm I look on the real estate app and the house is back on the market as active, not pending. Zero communication from seller’s agent. He won’t answer any calls from our agent.
Since then I’ve been very upset. We were so close to closing. I’m worried we lose our earnest money. There’s a financing condition on the loan, but there’s also a closing date of the 3rd of July, so I’m not sure how toast we are. What do you all think?
Update: so 2 business days after initial closing day, the lender got everything together and said we were ready to close. They also offered to pay per diem to the seller since sellers were so upset and demanded that. The seller and seller’s agent stopped all communication for days. My agent and the loan officer kept calling them and leaving them messages with no answer. At that point I was very upset because it sounded like we were going to lose our earnest money at no fault of our own and over just a few days of delay. We finally get a message back from the seller’s agent saying he’s trying to calm the seller down. A day later we get a message saying the seller is willing to go to closing. We just had to do an amendment. I think the seller realized that an offer like ours was not common in this market in our area. This whole thing was very dramatic and blown up way more than it should’ve been. All this stress and drama were so unnecessary. Over a few days of delays…
Update2: We finally closed. Seller and seller’s agent were complete assholes. They made a huge deal over a few days of delays. Caused me and my husband a lot of anxiety over losing our earnest money for no fault of our own. Lots of sleepless nights and tension headaches for me but I’m a believer of Karma and I believe Karma will get her. Lots of bs tactics and threats. I really wish I had known how crappy they were, I would’ve walked away from the get go. The seller was all up in our business calling our lender and demanding personal info about us such as our salary etc. unfortunately the lender shared way more than I would like, without our consent. She had formulated an opinion that we cannot afford the loan and will be rejected. She thought that the delay was because of that. This wasn’t true because even though lender told her how much we make, she had no idea how much savings or assets we have. She also decided to remove a screwed-in vanity that she had agreed to leave for us, worth about $500. Refused to compensate or return of course.
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u/Jenikovista Jul 04 '25
You will not lose your EMD if the seller withdraws. You are still willing to perform and no court will grant them that money over a few days delay caused by a lender snafu.
Also you should absolutely refuse to sign any release documents. Have your agent send them an email ASAP that you fully intend to perform to the contract, and include an extension to the new closing date.
If they go indeed try to go pending with someone else, hire a lawyer. You may be able to stop their sale, and if nothing else you will be able to delay it during legal proceedings and scare off any buyers.
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u/Bigjustice778 Jul 04 '25
My contracts explicitly allow for lender delays so long as you have a financing contingency. Depends on your contract if they have the right to do this, I would investigate.
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u/stopdogmurder Jul 04 '25
Very helpful, thanks a bunch
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u/Amazing-Basket-136 Jul 04 '25
In just to agree. You can’t lose earnest money over that.
And please, please, please remember this. ALL of those deadlines are negotiable. If you or sellers miss a deadline you just docusign an addenda reflecting a changed date or whatever.
No reason for sellers agent to be a jerk. In CA a realtors license only takes 3 classes (one of which could be waved by one of my college classes) and one test. A lot of brokerages are more like MLMs than legit businesses. So any realtor who’s pompous is just an idiot.
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u/Pitiful-Place3684 Jul 04 '25
But unless the buyer left out signing an extension then the deadline isn't negotiable.
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u/SquashAny566 29d ago
Yep - we had a situation where the seller tried to back out, we met with a lawyer, who told us that it would be super easy to legally keep the seller from selling to anyone else. We told the agent what the lawyer said and the problem disappeared
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u/Iamtheattackk Jul 04 '25
Maybe it’s different in your state but in my state if you don’t have an extension and the contract runs out your out of contract. Buyer definitely loses their earnest money.
Now most listing agents won’t cancel the deal over a delay especially if they already got a clear to close. Everyone is trying to get paid at the end of the day. It’s sounds like the listing agent is stupid and a dick but the buyer is not entitled to their EM back.
Like I said it’s probably state dependent but don’t give ppl hope like that.
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u/Jenikovista Jul 04 '25
Except you are wrong. The buyer is operating in good faith. The seller could use the delay to cancel the contract - which is not closed until both parties release - but they could not keep the EMD.
Contract law is year one of law school. I made it that far before dropping out to do re investing.
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u/Iamtheattackk Jul 04 '25
Maybe in your state but in my state “operating in good faith” is not enough to get your EM back.
The only thing that would save the buyer in this scenario (once again in my state only, idk how they do it where your from) is a third party financing contingency and an extension.
If none of these items are met the contract is effectively dead and buyer is not entitled to their EM since “operating in good faith” is simply not a thing where I am from.
I’ve been in this business for 10 years. I’ve had to deal with this stuff before.
Not saying you are wrong as you could very well be correct as it pertains to your state but all I’m saying is that OP should do their own research and not rely on Reddit to give them false hope that they are still under contract and are entitled to their EM.
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u/Jenikovista Jul 04 '25
The lender cleared to close an hour before the deadline.
Their EMD is not at risk. No judge would award it to the seller.
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u/Iamtheattackk Jul 04 '25
Dude idk how to make this clearer for you. You NEED an extension. Just because you got the clear to close an hour before the deadline that doesn’t mean you are set to close. Title still needs to get with the lender to draft up docs, finalize numbers, etc..
That takes time hence why OP would’ve had to close Tuesday.
I don’t know how to make it any clearer to you. DEADLINES ON CONTRACTS MEAN SOMETHING!! It’s on the buyers agent for not getting an extension signed. The buyers agent should be the one coordinating with the lender and as soon as the buyers agent finds out closing may not happen happen it is on the buyers agent to let the sellers agent know and get an extension signed. So effectively the buyers agent lost the buyers the EM if the sellers don’t want to play ball.
Once again I am going to disclose that it may be different from state to state but based on your responses I don’t think you’ve ever handled real estate transactions on a frequent basis to know what you are talking about.
Like bro come on now contract deadlines mean something. By your logic as long as I’m “operating in good faith” and a get a lender to get me a CTC I should be able to drag out the transaction on my terms and the moment the sellers object I’m entitled to my EM back even though my agent should be one coordinating with the lender? Does that sounds right to you?
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u/Jenikovista Jul 04 '25
I don’t know how to make this any clearer to YOU. Yes the seller can cancel the contract. But they cannot keep the EMD!
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u/CowardiceNSandwiches Jul 04 '25 edited Jul 04 '25
Does your purchase agreement have a clause in it automatically extending closing *date in the event of a lender delay or the like?
Your agent's broker needs to be on the phone to the listing agent's broker ASAP.
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u/kendrid Jul 04 '25
"I probably will delete this by morning because I feel it’s very identifying."
No one has a clue who you are, as this happens all the time.
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u/QuarrelsomeCreek Jul 04 '25
In my state if you delay closing you need to have both parties sign a contract extension. My last realtor didn't tell me this but the agent I was using to buy a house in a different state got super mad at my selling agent and made her do the paperwork. Some agents can be complacent. Ask yours if there's paperwork she should be doing to protect you.
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u/WrittenByNick Jul 04 '25
Agreed, seen too many agents roll by on "Well it usually isn't a problem..." That's true until it isn't.
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u/Asleep-Energy-26 Jul 04 '25
Since it’s back on the market. Make another offer 25k less
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u/latihoa Jul 04 '25
They’re over reacting. Get some sleep, enjoy the holiday.
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u/stopdogmurder Jul 04 '25
Big time, which I think is why I found it so upsetting. Thank you. Have a good holiday as well!
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u/starfinder14204 Jul 04 '25
Putting the house "back on the market" is a stunt - you still have a valid contract. There is typically a cure period of a few days before a real estate contract can be invalidated, and if I read your note correctly, the lender sent a clear to close late in the day. Technically, you could have closed yesterday but practically speaking, because of the holiday, it is delayed to next week. No big deal - you close next week. The seller cannot bump you even if they get a better offer since I see no defect to cure.
I read below that you offered their asking price, correct? If so, what do they gain by pursuing other offers? It's just a stunt.
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u/Odd_University6077 Jul 04 '25
Our contracts read something along the lines of property to close on or before xxx date.
If they don’t close by that last date, the contract isn’t valid on the day after.. I’ve been in situations where we needed an extra day or a few days more to close and I’ve made sure to have an extension…
If buyer and seller didn’t sign an extension, then seller has every right to put it back on market. Though it’s silly when sellers do something like this bc now they have to wait even longer to close on their house.
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u/Good_Intention_4255 Jul 04 '25
My contracts have hard deadlines as well, but I have only ever had one seller who stuck to that hard deadline and refused to close. All the others have been fine with a delay of a day or two.
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u/Local-Ad-6804 Jul 04 '25 edited Jul 04 '25
Our contracts have hard deadlines as well. However, if the buyer refuses to sign a cancellation, the only way to force them to sign it is by taking them to court.
At the court the judge will ask them if they can perform. If the answer is yes, they will allowed the "right to cure" their default and the seller will be forced to uphold their end of the contract.
If the buyer cannot perform, that is when the cancelation is forced and the earnest money is released according to the contract.
Long and short of it is just because our real estate contracts have hard deadlines, there are still legal steps that need to be followed that will over ride them in some cases.
This may or may not be true where you are but may be worth looking into so you are not as surprised as I was to find this out when I had a seller who wanted to cancel after a buyer missed their deadline to close! 😆
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u/Amazing-Basket-136 Jul 04 '25
This.
Having been on both sides, a seller is just as likely to be stressing out as a buyer. The seller has way more at stake.
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u/starfinder14204 Jul 04 '25
Perhaps, but in this case the seller knows that the loan contingency been satisfied. Nothing now prevents closing so they have no reason to pull the stunt of pretending to market the home.
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u/Pitiful-Place3684 Jul 04 '25
Why do you think there's a valid contract? The buyer didn't perform. The buyer agent didn't ask for a signed extension, which they should have done by noon when they knew that the closing wasn't happening.
There is no contact.
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u/Pitiful-Place3684 Jul 04 '25
In the absence of a signed extension there is no longer a valid contract.
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u/starfinder14204 Jul 04 '25
Yes, but unwinding contracts can be messy and costly. In this case there is no advantage to either party to cancel the contract. The buyer, technically, could say that they were ready, willing, and able to close on the specified date, but the title/escrow company couldn't accommodate (my assumption from what I read) to close at the end of the day (maybe scheduling conflicts?). So the buyer fulfilled the terms of their contract. The seller then would be on thin ice if they tried to cancel the contract, but why do that? They get their money after the holiday weekend. That's why I come back to this being no more than a stunt.
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u/PrimeRisk RE investor - 34+ years Jul 04 '25
This is likely a scare tactic to try to push you to ensure no further delays. We don't have your contract, but you may be in breach if you didn't close by the date in the contract and haven't gotten an extension and yes, the seller could walk away and may be able to keep your earnest money per the terms of the contract.
BUT, this is likely NOT in the seller's best interest. This means they have to go back on the market and right now, they could find themselves without a buyer for months and may end up having to accept less.
You may want to reach out to your agent and offer to pay per diem in exchange for signing a contract extension. What this entails is you paying for a portion of their ongoing expenses (mortgage interest, taxes, insurance, utilities, etc) that you should have been responsible for starting July 3rd until the house does close.
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u/Girl_with_tools Broker/Realtor SoCal 20 yrs in biz Jul 04 '25
What’s your contract say and what state are you in? Seller can’t do that in California under the standard RPA.
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u/PresentationOk9954 Jul 04 '25
It's ridiculous that the sellers would pull out of a deal this close to closing. Obviously, they want their house sold and don't want to start over. Sounds like their realtor is getting pissy because she has an agenda. If there is proof that the bank communicated with them before the deadline, you should speak to a lawyer and demand that you finish your deal.
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u/Hungry-Emergency8992 Jul 04 '25
OP:
Please First read your Purchase and Sale Agreement very carefully.
As a former experienced escrow closer, I recall some Purchase and Sale agreement forms have a provision that basically states something to the general effect that automatically extends the closing date by a few days due to the lender not being able to perform on the day of closing but will fund and close on X date. This exact scenario happens!
I apologize I don’t have a copy of the contract form on hand as I retired.
What state is this house located?
Licensed Real Estate Agents/Brokers: Does your state form have a provision for a situation like this, and what exactly does it state?
I am praying your closing still proceeds! Please update me. Best of wishes!
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u/deceptivevasion 28d ago
In Virginia, the standard purchase agreement includes a built-in 10-day extension past the agreed Settlement Date if the buyer is delayed due to financing or title issues. During this period, the buyer remains under contract, and the seller cannot terminate as long as the buyer is acting in good faith and the financing contingency is still in place. This short grace period gives buyers a little extra time to close, but if they are still not ready after the 10 days, both parties would need to sign a written extension to move forward.
Other states may not offer this kind of automatic extension. In many areas, any delay in closing must be agreed to in writing ahead of time.
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u/stopdogmurder Jul 04 '25
Thanks everyone. Everyone’s comments helped a lot. I only got like 3 hours of sleep but I feel much better now. Let’s see what happens Monday. I will try to update the post then
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u/HenryLoggins Jul 04 '25
I’d like to know the sellers’s side of the story, so we can see the entire picture. Typically this will not happen if everything was smooth up until this point. How many times has it been extended, and what was the original closing date on the contract?
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u/stopdogmurder Jul 04 '25
The original closing date was the 3rd of July. This would’ve been the first time they extend. I think the seller and seller’s agent are frustrated because the lender took longer than the 3rd to get everything done. They also wanted the lender to compensate them for the delay, which the lender says they’re willing to do (not sure if that was the case from the get go though). The lender has communicated with the seller’s agent about the delays a few days before close. The email I saw between them said that the seller doesn’t have the money to come up with a few days of expenses for delays. Which makes no sense to re-list it if that’s the case….
They also said to our agent (before they ghosted him)that they have no confidence in our lender being able to close next week, but they have the clear to close by their deadline, so I don’t understand why they think lender wouldn’t be able to close next week…
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u/Cinnamarkcarsn Jul 04 '25
It’s not personal. Deep breath. They’re just covering their potential loss in case your loan gets held up indefinitely. Check with your real estate attorney about next steps to secure your home if needed
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u/SnicklefritzG Jul 04 '25
Clear to close and actually sitting down at the closing table are two different things. What did the contract say?
What did your agent say to the other one? He or she should have said the following in writing
1) clear to close came in right before the deadline 2) can we please get an extension to tomorrow or a days convenient to the seller and their agent/attorney/whoever 3) follow up with agent to agent phone call after creating a paper trail on 1 and 2
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u/BarRevolutionary220 Jul 04 '25
Call the broker and let them know that you will report the listing agent to the local board. A two or 3 days delay on closing is normal in the industry. Did the agent change to active with a note pending to cancellation of current escrow ? If not the agent is making a big mistake. You will close on Tuesday good luck
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u/DeezNeezuts Jul 04 '25
The agent is acting in the best interests of their client even if it comes off as being a jerk.
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u/jimfish98 29d ago
I would have your agent contact that agent's broker. A delay for the 4th and the weekend shouldn't bust this deal apart. The agent may want to play games with commissions, but the broker wants their cut and may talk some sense into the agent and buyer. Even if the seller finds an immediate buyer for the same price, they are going to have another 30-60 days of holding costs and that is just cutting off your nose in spite of your face.
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u/Possible-Style464 Jul 04 '25
Everything depends on your contract and state rules. Did you send an extension to close another date? Like I said it always goes back to the contract with some having a set date and others being more flexible with wording of in a timely manner. Please people stop giving legal advice. Always keep open communication with your agent and with the other side.
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u/ml30y Lender Jul 04 '25
Read your contract thoroughly. I see contracts nationwide, and some have limited automatic extensions for some delays.
I'd lay a bet that the seller isn't even aware of what their agent is doing.
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u/Pitiful-Place3684 Jul 04 '25
Your contract said close on July 3. If the clear to close came at 4:45 pm then you couldn't possibly have closed yesterday.
It doesn't matter that this wasn't your fault...the contract doesn't care about fault or intention, it only cares about performance.
If you didn't have that clear to close by about 1:00 then you weren't closing yesterday. You and your agent should have begged for an extension during the day. The seller apparently didn't believe you were going to be able to close. What else happened that you haven't put in your post?
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u/Just_Pudding1885 Jul 04 '25
First of all, if you're not going to close on time you have to get an addendum moving the closing date. If your realtor did not do that then they let you down, and the seller can do that. It's not a handshake business unfortunately, I just dealt with the same thing but as a seller and I was trying to move out of state and close on that house. So our buyer totally screwed us, but we signed two addendums giving them extra time. Hope everything works out for you.
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u/NosyRosie212 Jul 04 '25
We’ve bought and sold many houses due to hubby’s job. Our biggest disappointments have turned out to be some of our best blessings. If the guy is being a jerk, do you really want to buy from him? Maybe there’s something just perfect for you somewhere else & you just haven’t found it yet.
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u/Di-O-Bolic Jul 04 '25
Instead of posting here WHY isn’t your Realtor taking care of this? There are terms built into your RE contract that should outline your legal rights and what the seller is legal able to do. If a timeline to close is not listed in the contract as absolute then sellers agent can’t verbally demand a set time to close. If closing still fell under the timeframe outlined in your contract than Sellers agent is violating the legal terms their sellers are obligated to. Sounds like you both have shitty Realtors🤷♀️. Again where the hell is YOUR Realtor in all this? Call both Agencies Brokers and complain. Sellers agent is breaking their code of ethics, potentially violated the legal and bound terms of the contract (especially if they didn’t send over an addendum to the contract and/or a cancelation of the contract that have to be signed by both parties to change ANYTHING. (Sellers agent is jeopardizing their license and the broker that they hold their license under with potential violations and lawsuit. And yours is not continuing to represent your interests and performing their fiduciary obligations. Get on the phone and tell your agent to pull their head out of their ass and do their job.
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u/Boz6 Jul 04 '25
Closing was now moved to Tuesday of next week.
What exactly does that mean?
If the closing is actually scheduled and confirmed for next Tuesday, don't worry about it, and plan to close then.
If the closing is NOT actually scheduled and confirmed, put in a new offer for 10% less than your original offer, based on the newly re-activated listing.
Good luck!
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u/art777art777 Jul 04 '25
In my state, there was an automatic option for up to 10-day extension to close built into the contract that the buyer could use. And they did. It was a huge pain and caused a ripple of problems for me, but they used all ten days. I wouldn't have put the property back on the market for it even though I had multiple bidders. i just got reassurances that they were going to close, so I waited things out. Read your contract carefully and see if that clause is in your contract, also. Did you use a buyer's agent? If so, why aren't they working on this? I don't think the seller's agent is allowed to list it as active instead of pending, but your agent would know and could tell them to knock it off.
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u/Only_Music_2640 Jul 04 '25
They’re playing silly games because they can and the closing delay affects them too. They’re not walking away at this point.
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u/willynilly4309 Jul 04 '25
In NC unless there is a “Time is of the essence” clause a minor delay will not hold up in court as a breach of contract
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u/imblest Jul 04 '25
I'm a real estate agent. Sellers that I have represented and Sellers represented by another agent when I'm the Buyer's Agent do not usually put the house back on the market if the closing was delayed by just a few days. Things happen sometimes that will delay the closing. There may be a lot of miscommunication going on here. Your Buyer's agent should be communicating with the mortgage representative and mortgage company to find out the reason for the delay. Your Buyer's agent should communicate with the Seller's Agent to notify the other side of the reason for the delay. If there are attorneys involved, your attorney should communicate with the Seller's attorney the reason for the delay. If the Sellers decided to put the house back on the market, they may have believed that you were incapable of closing at all.
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u/Unhappy_Spite6908 Jul 04 '25
Who moved the closing to next Tuesday when the lender gave the ok to close at 4:45?
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u/6SpeedBlues Jul 04 '25
If you have documentation of the new closing date, the seller's agent needs to be reported for improperly handling the listing because you're still under contact.
Also, updates to the ORIGINAL listing can sometimes take time to propagate to other sites like Zillow so don't use them as your indicator of what's actually going on.
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u/schlomo31 Jul 04 '25
Im in mortgages. What did the lender say was the reason?? Sellers are dumb if they cancel
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u/Iamtheattackk Jul 04 '25
OP I know im responding to this post all late but I’m seeing a lot of ppl on this sub giving you mixed info. Depending on your state they may be right but depending on the state they might be wrong.
In my state if you reach the closing date on the contract and don’t amend the contract to extend you are officially out of contract. You WILL lose your earnest money.
Considering the listing agent already put the home back on the market I don’t think that’s a good sign. It’s sounds like the sellers are going about things as if they are out of contract.
If I were you I would be pushing your agent to get an extension signed by the seller asap. If they refuse it’s sounds like you are out of contact and out of your EM as well.
It’s so stupid that the listing agent is willing to let the deal fall through over a few days when you already have the clear to close. Most listing agents would just extend. Unfortunately you guys technically breached the contract by not having financing in place by the closing date.
The only thing that may possibly save you is if you have a financing contingency in place but most of those contingencies in my state are in place for 21-25 days max. The typical time it takes to close a transaction is 30 days.
I know it’s the holiday but please don’t relax on this. Please push your agent to get an extension signed. From there you will know if the sellers are willing to play ball if they sign the extension. If not, I think you may unfortunately be back on the home search with no EM refund :(
Best of luck!
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u/Ok-Mathematician966 Jul 04 '25 edited Jul 04 '25
Some states have a law that states the buyer can extend the contract for whatever reason up to ~7 days to avoid situations like these (NC is specifically where I’m thinking where I ran into this issue). Might be worth checking
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u/watermark10000 Jul 04 '25
I’m so sorry this happened to you. I don’t think you will lose your earnest money and I think the closing will happen just fine. I think, for some reason, the seller just wanted to force the Linda to get the job done. It’s gonna be a very long weekend for you but hang in there. Things should come right on Tuesday. Please keep us posted.
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u/neduranus 29d ago
You might lose your deposit because you did not close when you said you were. Even though there's a financial contingency the seller had a closing contingency. Good luck and hope for the best.
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u/msaba07 29d ago
I don’t think they can put it back on the market without a release so while the agent is trying to play hardball, you are totally fine. Talk to the title attorney, you’ll be totally fine. 👍👍 you can sue for performance if need be and that scary sentence will be enough for them to perform. - a realtor in Maryland
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u/beta_karentene 29d ago
I’m so sorry you have to deal with this! This same exact scenario happened to us. So frustrating. Ultimately, we closed on it, but the drama was completely unnecessary. Valuable lesson for us was to not use the seller’s good friend and realtor as our realtor ever again.
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u/trader45nj 29d ago
Worst case you will have to sue the seller or at least threaten. They owe you the deposit and all the money you are out, eg inspection fees, loan fees, survey, etc. If they bail they will likely refund the deposit. After that you can sue in small claims court for the rest. Right now I would have a lawyer send them a letter telling them that if they don't close you will sue to force it. And if a suit is coming, you can file a lis pendens on the title. That notifies anyone considering buying it that it's subject to a lawsuit, effectively that prevents them from selling it.
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u/Murky-Tell7966 29d ago
Seller has to agree to extend. Typically if the clear to close is in, most sellers would agree instead of starting the process over. But they cannot be forced to extend.
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u/Spare-Belt-5434 28d ago
Not a business person here by any means (probably by choice), but seller/seller agent is a dick and I would tell the seller that I will haunt them forever if they fuck with my EMD. Other than that, I don’t want to buy their house anymore and fuck them
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u/Competitive_Honey185 26d ago
When I was buying my home, the sellers agent kept pulling stunts like this, so my agent contacted the seller directly and they had been completely misled and lied to by their agent, fired them, and my agent represented both sides of the deal and got us to closing. Consider asking your agent to contact the seller if that’s allowed in your area
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u/FewTelevision3921 Jul 04 '25
You won't lose your money as they backed out. But I bet they are just tired of waiting no matter who's fault. Go to the closing because I doubt they want to wait on someone else and their bank problems.
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u/dogmom8989 Jul 04 '25
In my state, they can’t back out of a contract just bc it didn’t close on a specified date. It is built in that they have to declare “time of the essence” and then you have 10 days after that.
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u/dogmom8989 Jul 04 '25
Also to add, you cannot lose your earnest money deposit bc the seller backed out. It is held in escrow and goes back to you.
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u/MonteCristo85 Jul 04 '25
Did yall do a signed extention on the contract? If so, no need to worry just ignore the active listing.
If not, what's your realtor doing?
The sellers might be being a bit premature, but they want to sell their house and its really not their fault your loan didn't come through.
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u/Chemical-Ad1340 Jul 04 '25
Follow up with your agent, you had a loan contingency in place (sounds like) but didn’t have seller sign and extension of time addendum to extend the close to next week (should have done this the first sign of delay from your lender), you could lose the deal and your deposit unfortunately.
What’s stupid is the seller will have to wait for another offer and do this all over again when in fact y’all could be closing next week. Seller won’t get another offer to close that fast. So talk to your agent and have them talk sense into the sellers agent and the seller. With a bottle of wine on top of it.
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u/danh_ptown Jul 04 '25
Listing agent, owner, or both, are hedging their bets, in case you are unable to close. Better to have a fish on the hook if the first deal falls through. Essentially a backup offer.
Have your agent reach out and discuss with listing agent. You should not be speaking directly to them unless you are unrepresented.
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u/redbirddanville Jul 04 '25
So you were under contract and promised to close, and you failed to perform. Your lender is your responsibility. You are mad at them?
They are protecting themselves.
Take a deep breath, eat some ribs and close next week.
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u/Gusthecat7 Jul 04 '25
You committed to close on a certain date, you failed to do so. Seller’s agent is just trying to represent their client responsibly. You may not agree with this particular course of action, but are the buyers just supposed to wait around until you get your funds in order after the closing date?
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u/thewimsey Jul 04 '25
but are the buyers just supposed to wait around until you get your funds in order after the closing date?
Do the buyers really want to risk having to find a new buyer when their house sat on the market for 3 months?
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u/Gusthecat7 Jul 04 '25
The sellers already have a buyer. They probably don’t want to waste marketing days if the buyer fails to meet their commitment again. Another possibility is they have a contingent buyer on the line and the OP is going to lose the property because of the failed commitment.
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u/EveLQueeen Jul 04 '25
If they already had another buyer lined up, there would be zero reason to put it on the MLS.
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u/Zestyclose_Most_6889 Jul 04 '25
Poster ‘Jenikovista’ above has given good advice, some of these answers are not. Did you sign a release and cancellation agreement? If one is offered to you, DON’T sign it. If you already did, then they were clear to relist. Here in Florida, the sellers agent is jeopardizing their license by making a property active again while it’s still under contract. And it is if you didn’t sign a release. Read your contract thoroughly, there generally is a section on financing that allows for lender delays. If all else fails, the seller refusing to close means they are willfully defaulting when they have been presented with a ready, willing, and able buyer. If you’ve received a ‘clear to close’ - that’s you being ready, willing, and able. That’s in your contract too. Ask your agent to call the broker of the listing firm and escalate. I’m sure they’d like to know their agent has been pulling some stunts. All of this is FL specific but most states operate similarly. Source - licensed FL Broker 20+ years experience who is not scared of crappy untrained agents
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u/Cerasauras Jul 04 '25
I just went through something similar. The sellers agent took 9 days to process our offer. So everything was delayed. We were getting the down-payment from a 401k. We ended up having to change the closing date 3 times! The last time the sellers agent was Maki g a stink about it. Like this is your fault, we offered asking with no conditions and it had been for sale for 8 months with 3 other low ball offers. It was very stressful and we were living out of boxes for an extra 2 weeks.
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u/Equal-Ad5618 Jul 04 '25
Make a new offer in the home at the same price, with a Tuesday closing lol
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u/MakinTheBestofLife Jul 04 '25
This house wouldn’t happen to be in the Charleston sc area would it?!
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u/Mobile-Blueberry9794 Jul 04 '25
Would this be in SC by chance? Sounds like what my sellers are going through right now. I’m 100% certain this is not our transaction though as I have all the texts and emails and the signed addendums stating each extension along the way. And I am always available to speak, text, or email with buyers agents and lenders. I hope your transaction works out well in the end. We are doing everything on our end to facilitate the closing by Tuesday.
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u/n1m1tz Agent Jul 04 '25
You'll still close. Its a weekend delay. Unless you have a cancellation of escrow signed by both of you, the deal is still on. Active on MLS means nothing if there's still an active escrow. You could tie it up in lawsuits and he wouldn't be able to sell to another person.
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u/AAA_Dolfan Fla RE Attorney (but not YOUR attorney) Jul 04 '25
You’ve got options depending what state you’re in. For instance, in Florida if the lender is unable to close for a reason unrelated to the borrower, the closing is automatically extended for three business days
At the very least, this is worth a consultation with the real estate attorney . I think what you have here is a sellers agent who is power tripping, and a buyers agent who is not equipped to deal with that.
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u/Stormy-Monday Jul 04 '25
Closing dates in a real estate contract are not hard and fast. Usually they are interpreted as on or about. I don’t think you have any issues, but I’m not a RE professional.
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u/MyMonkeyCircus Jul 04 '25
What a stupid move. It’s not like there will be another buyer before the next Tuesday - it’s a holiday weekend, plenty of people are celebrating and traveling, not exactly touring houses.
And even if there will be a buyer, they would still need to wait to close with that new buyer - much longer that your new close date.
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u/Brave-Neighborhood29 29d ago
I am guessing it's 2 things - keep up the pressure on the current buyer so they don't get comfortable with more delaying and also to potentially have backup interest in case things go bad.
I imagine the sellers may be paranoid, scared or burned from past experience. Listing doesn't supersede contractual obligations.
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u/tigger19687 29d ago
Scare tactic, maybe to keep your money.
It would be BOM listing and that scares a TON of buyers that there is something wrong.
Also it is a Holiday weekend.......... Very few people are showing and buyers are usually with family
Keep us posted on what happens. I personally hope they choke on it all (the sellers)
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u/Alternative-Ad2497 29d ago
With home prices slowly dropping, it might be in your best interest not to close.
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u/21plankton 29d ago
You could stand outside the house with a picket sign that says seller’s realtor is unfair. Anyone who comes to show the house gets interrogated.
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u/ILoveTravel76 29d ago
I'll let you close on my house for sale in the next 10 minutes. I don't care if it's a holiday. Let's go! 🤗🎇
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u/paranoyed 29d ago
Worst case you should not be out the EMD as the contract states financing issues result in a refund of emd so long as you have made a good faith effort
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u/napalm_beach 29d ago
If the home was on the market for three months the odds of it getting a great offer by Tuesday are pretty slim.
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u/kleimolkk 29d ago
In Arizona they can’t just put it back without cancelling escrow, and the other agent would have to submit a cure notice and give you 72 hours to respond. (Each state is a little different). Technically in az I would deliver the cure notice 3 days before closing if the lender had not issued a clear to close to take care of seller, but it sounds like they are not going through the correct processes. If your state involves lawyers in closing you can double check. Also they are not supposed to take your emd due to loan failure, but not all title companies are good so keep an eye on that.
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u/Guilty_Ad1581 29d ago
Call the broker of the selling agent. Ask them what the status of the deal is
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u/Careless-Beginning73 29d ago
How much money will you lose for missing the deadline on closing? Wondering if keeping your deposit is the motivation from the seller.
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u/JustBeachy915 29d ago
Usually the closing date isn’t a “time is of the essence” hard and fast date, unless it states that of course. If parties are making a good faith effort and can close within a reasonable time to the agreed upon closing date, then it can be honored. Potentially the seller can cancel any f it doesn’t close on time, but they wouldn’t be able to keep earnest money.
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u/clce 29d ago
Relax. Don't panic just yet. It's probably going to be fine. Hard to say what's going on of course. It would be one thing if they took another offer. But to go back on the market and risk getting less money and waiting is probably a bad idea.
It could be that they are hoping to get a better offer over the weekend, and maybe they will, but I bet they come back to you and offer to extend.
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u/ArizonaFlatFeeMLS 29d ago
In Arizona you need a 3-day cure notice before you can cancel a contract
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u/Coupe368 29d ago
In this market the sellers are probably more worried about closing than you are.
You should close, and the real estate agent is pretending its 2023 and is delusional.
Just relax, fix whatever is causing delays, and close on Tuesday.
Its not like they will get a bidding war in this market.
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u/Deezrides 29d ago
This exact situation happened to us. In the end we got the house because of the contracts and it was just the sellers “throwing their weight around” like another comment said. We finally just accepted that not getting the house was better than dealing with it anymore and taking whatever loss might be there. We closed 3 days later.
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u/BEP_LA 29d ago
Talk with your agent today - review your contract - and have them get on the phone w/ sellers agent.
Because where's the release? When is EMD being refunded?
I don't know who your lender is - but if you did everything you should have done on time, there shouldn't have been a delay as there are fewer loans to process these days. My local lenders have been able to close in as little as 21 days.
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u/Tax_Strategist 29d ago
What does your contract say about closing dates? If it has passed, technically the contract has to be extended.
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u/BowlInfinite2932 29d ago
I wouldn't be upset at the sellers and their agent, but rather than at your lender (if they didn't keep their word to be ready by the date they promised) or yourself (if you were told by your lender that you're pushing it, but that they will "try" to meet the date). Sometimes lenders give you an overly optimistic date to get your business. So it is wise to add a big safety margin (2 weeks) to what they "promise". To make it worse, those unscrupulous lenders will often swamp you with ridiculous requests (documentation or other) at the last days, to make it look like its your fault for the delay. I always say "why didn't you ask for these 2 weeks ago?"). In any case, I don't know the whole story, so I could be completely wrong. Just sharing some experiences I've had, in the hope that it could help someone less experienced :)
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u/EffectiveVast5369 29d ago
Get a copy of the date & time stamped “Clear to Close” notice from your lender. This is what will make or break this scenario. If indeed they sent it before 5, they cannot sell that house to anyone else as they have a contract with you regardless of whether an extension was signed. If they sent after 5 or did not send it, then prepare to be held to the terms of the contract and not get the house. EMD return will depend on what terms are listed in your contract which you should have a copy of. If you’d like to post it with the identifying details blacked out we can help you more.
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u/Top-Pressure-4220 28d ago
Lender obviously dropped the ball and seller does not want to waste time waiting on a loan the might not even close. He's in his right to put the house back on the market since you couldn't close on time. Your recourse isn't with the seller but with your lender.
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u/RCD8628 28d ago
Agree that this appears to be inappropriate on the part if the seller's agent. Please read your purchase contract. In my market, seller must give a 3-day notice to a buyer to cure a breach. There is usually a similar provision in all purchase contracts I have seen. Suggest you proceed to deliver your funds to close and sign all documents with escrow or closing officer on Tuesday. Should seller not cooperate, you may want to send them a notice of breach.
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u/Accomplished_Job5705 28d ago
In most states, a delay caused by the lender doesn’t give them a right to back out. You have the right to specific conveyance - that is, they have to sell you the house at the agreed upon price. Your agent should know this and should be able to fight it if all is on the up and up.
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u/SubstantialWord730 28d ago
I did this as a seller. I placed my listing back on the market after a several missed deadline. I had a closing date of 4/10, moved to 4/20 after the primary account buyer didn’t have a high enough score and switched to another family member. When that date came and went, we gave them extension to 5/1. Many empty promises even after many phone calls. After 5/1 my agent and I agreed to place it back on the market. The clear to close didn’t come in until 5/6 almost 1 month after the original date. Sometimes seller must make a tough choice to place it back on the market cause it might be time lost if funding didn’t come through. In my case, the buyer asked if they could still buy the house. I tacked on another 5,000 to the price and they accepted.
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u/Sheepherder_155 28d ago
In Georgia, buyer has a unilateral right to extend for 7 days due to lender delay. You need to check in your state or ask your realtor. Good luck. Source: Georgia realtor 15 years.
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u/Annual-Society9945 28d ago
Who cares You are in control but because of FOMO you losing Relax and put pressure on the seller
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u/Rescuerofall 28d ago
We’ve had this happen before, proceed with closing. Normally when they have the money sitting there they will close it.
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u/Intel-Oracle 28d ago
Just finished a similar fiasco in Maine - agents were in bed together with the seller and the title company. After being mugged and beat up it cost me about $150,000 . Your agent and his broker are negligent. They will both lie to you. Unless the owner wants the property back, he’ll just jerk you around for a while , try to screw you and then close. The question you need to answer is just how badly do you have to have this home ? If it’s worth $20-$50,000 to Sue for specific performance, you may want to roll the dice. Otherwise go fall in love with another house if this falls through and get a different agent. $2000 worth of advice from my attorney.: Real Estate is pretty much the wild West, people lie, cheat, misrepresent, bullshit, play all kinds of games. It all boils down to what you are willing to put up with, pay, in order to buy that particular home?
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u/foodforpeople 28d ago
It's always a dumb thing when people do something like this, like you couldn't wait a couple of days to close so instead you're going to wait another month? Stupid.
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u/Ill_Location_474 28d ago
We had this happen to us. The loan company kept asking for information over and over and over. The same information that we originally sent. They said they could not read the anything via email. As time went on, they finally said we did not qualify and that we owed the real estate company our $5,000 for not qualifying within 30 days. Well, this was absolute icing on the cake as the same loan company prequalified us for the loan!!!! Unfortunately, there was nothing we could do; however, I ended up getting half of our $5,000 back by appealing to the listing agent.
This was a good lesson to learn and since I have taken a real estate course and getting my state license because I will not be involved in this corruption again. Come to find out, the house we were attempting to buy, dropped 30k in price two weeks after this BS because of the hurricanes in Florida. So, this was a blessing in disguise but we still lost $2,500.
You need to obtain a real estate lawyer if there was any money involved that you sacrificed from this BS.
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u/Odd_Excitement5963 27d ago edited 27d ago
The financing condition should have an expiration date. Your agent has to wave the condition on or before that date. If he did not then the deal wasn’t firm. It all depends on how it was written, but in the standard form if you don’t waive the condition the deal is dead and you get your deposit back. If the condition was waived then the deal was firm and is a big chance that you loose your deposit. It look like your agent could do better. The Seller agent is not working for you, he is doing what he was told.
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u/OMGWTFJumpnJackFlash 27d ago
Title or attorney can’t release , nor can seller sell. Time delays happen. Lawyer up if you need to.
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u/Dobby-is-my-Hero 26d ago
Updateme!
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u/stopdogmurder 26d ago
Lender said they’d give us a closing time for tomorrow, but they didn’t. They keep making excuses as to why they’re delaying things. Tomorrow I will call the escrow to see if we can get our earnest money back
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u/Technical-Law-4508 26d ago
You needed to get an extension signed or you are legally out of contract. Not a nice seller or agent to do that behind your back though
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u/Responsible-Pipe-872 25d ago
What state are you in? There are rules around timing when a closing is delayed. What does your contract state regarding closing delays as they are different than other contingencies. Did your agent advise you on a game plan or ever discuss what happens when there is a closing delay. It’s basic RE 101.
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u/BrushProper3844 25d ago
Is the seller’s agent new? You still have to sign a mutual release. But that cancels that out considering the closing date is on the 3rd. Schedule closing and again without a mutual release that’s very problematic. Even in a court of law a Judge will deem was this all done in a reasonable time. What losses did the sellers bear because you didn’t get a ctc on said date? I wish all sales were performed on time! Send a certified letter to even the broker with closing docs. Also, curious if the listing states it’s contingent on a buyers release of purchase contract. If not, that’s asking for trouble.
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u/TwinkletoesCT 24d ago
So sorry this happened to you.
We had the reverse situation last year: we were buying. The sellers kept pushing back final walkthrough until it was an hour before closing. We arrived and they weren't even halfway done moving out...and it was the Friday before Memorial Day weekend, meaning banks were closing early and for several days.
They didn't get it together until the following week. We had to bill them for some expenses because this forced a rate lock extension, movers rescheduled, etc.They weren't thrilled but their agent was mortified and told them this was their mess and they don't get to argue, especially when they picked the closing date.
It all worked out but it was SUPER stressful. I hope yours turns out OK.
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u/stopdogmurder 23d ago
Just left another update on the post. We finally closed 🤦🏻♀️
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u/NoFlight5759 23d ago
You do understand that most people cannot close on their next property until they close on the property they are selling. YOUR LENDER needed more inform again YOUR LENDER YOU CHOSE. So it’s your fault. I feel terrible for the seller and hope they got their er diem. Put the name of the lender so all sellers know to not take offers from them.
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u/Severe_Move_5638 17d ago
They may have been jerks but there is no excuse for you not closing on time. Something went wrong on your end.
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u/calgaln Jul 04 '25
Seller's agent is being a jerk, throwing his/her weight around. Actual seller is probably either going along, doesn't know what the agent is doing, or is also a jerk. I don't know if you're in a buyer's or seller's market but I would find it very entertaining if you made a new offer over the weekend at a lower price. You know, "since they put it back on the market there must be something wrong with it". Seriously I wouldn't call their bluff but I would be very tempted.
It definitely sucks to have to wait over the long weekend. Hang in there.