A question for agents and others re the legal position as it pertains to the closing date

[Anonymous]

Anonymous wrote:^^ Another clueless agent offering legal advice without even seeing the contract. Is it any wonder that agents are viewed so negatively by most people who interact with them?

OP, I have no idea what your circumstances are since you have shared only limited information but this jackass does not know his ass from his elbow. But I agree with the PP who said pushing the envelope has risks and will not make for an amicable closing.

Anonymous wrote:Are you really as stupid as you come across? OP has said nothing about whether there are any addenda. The question was narrowly phrased.

You may have done this for two decades but you don't have a clue about contracts. You made an assumption which may or may not be correct. I feel sorry for the clients you represent but hopefully there aren't too many of those. You really are a cretin for offering an opinion without all the facts.
Like I said it is agents like you that give the industry a bad reputation.

BTW, did you even finish high school?

NP here. Attorney - you have a problem. You have serious anger and insecurity issues. The OP asked for agents to weigh in and an agent weighed in with what the regular contract says. You should seriously consider seeking help for your anger issues, it's scary the way you resorted to name calling in your first response and continued bashing someone who is giving legitimate advice based on their experience in the profession and with contracts.

OP, you need to just move out of the house before settlement as everyone is telling you. The contract language may not dictate a specific timeframe, but the understanding is that when you arrive at the settlement table that you will hand over the keys and possession of the house at that time unless you agreed to something else in writing. You're acting weird and vague, don't cause yourself more problems. Just move out.

[Anonymous]

^^
Did you read his response to the OP? Not exactly very civil. Now compound that with offering definitive conclusions without seeing the contract and I have no hesitation in saying the agent is a clueless idiot.

[Anonymous]

The house needs to be delivered empty of belongings and broom swept at time of closing. Often, agents will schedule final walk through an hour or two before the settlement time. If things are still in the house at closing time, they convey with the house.

Don't be a jerk. Get your stuff out prior to walk through, deliver the house broom clean, and don't make trouble.

[Anonymous]

Anonymous wrote:^^ Another clueless agent offering legal advice without even seeing the contract. Is it any wonder that agents are viewed so negatively by most people who interact with them?

OP, I have no idea what your circumstances are since you have shared only limited information but this jackass does not know his ass from his elbow. But I agree with the PP who said pushing the envelope has risks and will not make for an amicable closing.

Another lawyer who is pissed that he doesn't make as much as agents do.

[Anonymous]

Anonymous wrote:

Anonymous wrote:^^ Another clueless agent offering legal advice without even seeing the contract. Is it any wonder that agents are viewed so negatively by most people who interact with them?

OP, I have no idea what your circumstances are since you have shared only limited information but this jackass does not know his ass from his elbow. But I agree with the PP who said pushing the envelope has risks and will not make for an amicable closing.

Another lawyer who is pissed that he doesn't make as much as agents do.

Ha ha. EXACTLY!

[Anonymous]

OP here: I did not mean to cause such a fracas when I asked for advice.

First, this situation pertains to a close family member, not me. The reason my OP was so specific is because there is an addendum which offers an out but the sellers did not want to use it if it could be avoided. There have been several back and forth communications on this and other issues.

Based on the advice of a RE attorney, this morning the seller's agent notified the buyer's agent that the contract will be voided if they don't close on the date specified in the contract. The buyers have also been notified that the sellers will not vacate the house until after the close based on the addendum: the specific date for vacating the house needs to be agreed.

The buyers would not agree to a rent-back provision when the contract was signed. I advised the family member to put in a "best efforts" clause which is rarely used in RE contracts but which is sometimes used in commercial transactions. I am not an attorney but I have worked in M&A where this clause is occasionally used. This was a multiple bidding situation and the buyer agreed to the "best efforts" clause on the advice of their agent.

It is a somewhat high-end property and subsequent to the contract being ratified two backup offers were received for quite a bit more than the contracted price and one of the offers has no contingencies. If the contract is voided, the backup offer without any contingencies - which includes a rent-back provision - will take effect.

[Anonymous]

Ah ha. Now the real reason emerges. If you would have given us this very pertinent info originally it would have helped. You seem to come from a famiky of obfuscators

[Anonymous]

Anonymous wrote:Ah ha. Now the real reason emerges. If you would have given us this very pertinent info originally it would have helped. You seem to come from a famiky of obfuscators

And the real reason is what?

[Anonymous]

11:31- a more favorable backup offer

[Anonymous]

Anonymous wrote:11:31- a more favorable backup offer

Please..........a contract is a contract as so many posters emphasized yesterday. The buyers have an option to close on time and agree to delayed possession as the contract allows and then the back-up offer will not come into effect.

[Anonymous]

Anonymous wrote:
The buyers would not agree to a rent-back provision when the contract was signed. I advised the family member to put in a "best efforts" clause which is rarely used in RE contracts but which is sometimes used in commercial transactions. I am not an attorney but I have worked in M&A where this clause is occasionally used. This was a multiple bidding situation and the buyer agreed to the "best efforts" clause on the advice of their agent.

This

An agent who advises a buyer to accept such a clause should be sued.

[Anonymous]

Anonymous wrote:Ah ha. Now the real reason emerges. If you would have given us this very pertinent info originally it would have helped. You seem to come from a famiky of obfuscators

Where is the obfuscation? The buyer agreed to the addendum.

[Anonymous]

OP, why is it such a big deal that you not move your stuff out until the last possible minute. You are clearly playing some sort of game. Do you really want to deal with moving stuff out the day of closing. Get everything out the day before, and if you need to sleep there that night - keep some sleeping bags and pillows. It's not that big of a deal, but you're playing some sort of game.

[Anonymous]

Anonymous wrote:OP, why is it such a big deal that you not move your stuff out until the last possible minute. You are clearly playing some sort of game. Do you really want to deal with moving stuff out the day of closing. Get everything out the day before, and if you need to sleep there that night - keep some sleeping bags and pillows. It's not that big of a deal, but you're playing some sort of game.

Read on, PP-the game is that they have better backup offers.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP, why is it such a big deal that you not move your stuff out until the last possible minute. You are clearly playing some sort of game. Do you really want to deal with moving stuff out the day of closing. Get everything out the day before, and if you need to sleep there that night - keep some sleeping bags and pillows. It's not that big of a deal, but you're playing some sort of game.

Read on, PP-the game is that they have better backup offers.

I see that now. OP is being ridiculously shady.