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  #1  
Old 10-05-2009, 10:19 PM
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if home is under contract till friday


What is the name of your state (only U.S. law)? tn


if my house is under contract until friday and is to close on thursday but we are out of town until monday will the contract be void after friday or would it continue till monday since we are unable to get there or would it be our fault that the contract would void , we are wanting out of the contract anyway
  #2  
Old 10-06-2009, 09:01 AM
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"No fault of your own" doesn't cut it. This isn't high school. You're required to take proactive steps to COMPLY with the contract you have entered into. If the contract just says it's nullified by your lateness, then it simply ceases to be. If it states that you must close by a certain date, you are in worse state, you are in BREACH, and the seller can collect damages (often directly from your earnest money).
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  #3  
Old 10-06-2009, 09:13 AM
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Quote:
Originally Posted by kellymcmeen View Post
if my house is under contract until friday and is to close on thursday but we are out of town until monday will the contract be void after friday or would it continue till monday since we are unable to get there or would it be our fault that the contract would void , we are wanting out of the contract anyway
If closing is scheduled within the contract period and you fail to show, then the buyer could hold you in breach of your contract and sue you.
You could then present your 'excuses' to the court.... and lose. You could then be forced to PAY their legal fees plus damages.... and sell the house to them anyway.

Oh, and he could also file a 'lis pendens' on the property which could prevent you from selling to someone else.
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Old 10-06-2009, 09:13 PM
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Sellers normally presign for closings they will not attend/ Fleeing town without making proper arrangements with the closing agent does not relieve you of your contractual obligations.
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  #5  
Old 10-06-2009, 09:22 PM
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Quote:
Originally Posted by kellymcmeen View Post
What is the name of your state (only U.S. law)? tn


if my house is under contract until friday and is to close on thursday but we are out of town until monday will the contract be void after friday or would it continue till monday since we are unable to get there or would it be our fault that the contract would void , we are wanting out of the contract anyway
**A: are you the Buyer or the Seller?
  #6  
Old 10-07-2009, 06:29 AM
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I've closed on houses without being there, I gave my lawyer POA. I've closed on a house without my wife being there, she gave me her POA (and believe me it's bad enough signing your name a brazillion times on closing docs, add to that signing "Mrs. FlyingRon by FlyingRon her attorney in fact" on all of them in addition.
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