Closing was supposed to be today

My contract said closing date on or before 2/5/01. Today has come and gone with no closing. Is this contract now void and can I get back my earnest money. All I have heard from everyone involved is excuses. The owner died shortly after the contract was signed and I think there is a problem with the title because of it, but I'm not sure because the ex-real estate agent is leaving me in the dark. I live in Illinois. Thanks Dave

Where is your real estate agent?

If the owner died it means the home will have to go thorugh probate before it can be sold and that could take awhile. Unless you have formally extended the contract it should be canceled. If you paid earnest money, send a letter certified, return receipt requested to the agent representing the seller, indicating that you have canceled your offer and would like the earnest money returned to you within 10-days.

Based on your post, I'm assuming you'd rather cancel the contract than stick it out. If you do still want to purchase the home, contact the sellers agent and have the contract extended in writing. Make the extension reasonable so your not bound by an indefinite contract.

Thanks David for your help. I will cancel the contract and don't worry I am getting another real estate agent.

Dave

Contract expired, Usually the delay in closing is not in the hands of your agent, but in the hands of the escrow or attorney who is closing it.
The agent wants it closed more than you -- they want to get paid. Generally closing delays are due to some legal problem -- maybe the death of the owner!