Thursday, July 2, 2015
Can you use the financing contingency to back out of a real estate contract?
We put our condo on the market and got a really good offer we accepted, back in April. Closing is scheduled for July 24th
we went through the usual process. Buyer did the inspection, the contract was then modified with a few repairs request that we agreed to, and inspection contingency was successfully removed.
now to the financing. Buyer was supposed to get a mortgage commitment by june 1st. On june 1st the buyer requested and extension till june 15th. On june 15th, the buyer's attorney notified us the lender conditionally approved the buyer's financing but was not yet cleared to close so they requested another extension till june 26th.
on june 26th, same story. Still conditionally approved and requested again a new extension till july 6th. This is taking an unusual amount of time so my question is:
do you think the buyer potentiallly wants the financing to fail so she can back out of the deal and retain her earnest money? ($15k). Have you ever had a situation like this before? Can i get some sort of compensation if the deal falls through? If she was trying to back out by intentionally failing to secure the loan, is it malpractice and is there a legal way for me to fight this? I really need this deal to go through.
any advice is very welcome here!
Thks!
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