Under contract and Seller don’t want to close

[Ramon Torres]

Hi. I'm in the process of buying a home and got clear to go from the bank but the seller doesn't want to set up a closing date because she is buying elsewhere. What do i do ?

[Sean Constable]

NY real estate attorney here and @Tim Delaney is essentially right.  Contract closing dates are not dates certain.  After 30 days or so your attorney can send the seller a “time of the essence letter” which will set a definite closing date.  If seller doesn’t close at that time then you have to bring a lawsuit.  The remedy as a buyer is forcing them to sell.  Speak with your attorney and he/she should be able to explain how it works in light of your specific deal.