Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Starting Out
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 3 years ago,

User Stats

45
Posts
52
Votes
Sarp Ka
52
Votes |
45
Posts

Cannot close the contract due to seller; what happens now?

Sarp Ka
Posted

Hello there,

I've been under contract and originally closing date was 45 days. Unfortunately seller's lien has some issues and this is keep getting delayed. The contract has passed all the contingencies that I've put (inspection + loan). So there's nothing on my side. This property is in FL so I had to put 10% down for earnest money.

The problem here is now, due to mortgage rates increasing, the lock on the offer has been expired. And the lender is charging me per day to keep the interest rate. This is costing me significant money.

My question is, how do I proceed in this case. Can I cancel, if the property cannot be closed by the last addendum date? If so, would I be able to get my earnest money back?

Also if the lender also states that they can no longer extend the loan, would I have any chance for this contract to be cancelled as I don't want to proceed with higher interest rates.

I'm getting opinion here because it's in the lenders/realtors interest to close this property rather than cancel it.

Loading replies...