Notification of Changes to Closing Date?

[MLodo]

What is the name of your state? Texas

I have a contract to buy a house and the seller missed the closing date. According to the contract "acts out of his control" must be taken into consideration if closing is missing. We have had some weather that has prevented work but most of it seems to be mismanagement buy the general contractor of his business and work crews, not showing, etc.

I was wondering if there is a specified time period for the seller to notifiy the buyer that the agreed upon closing date will be missed. In my case I essentially found out the day before closing was to occur.

The seller does not seem to want to admit to anything but the weather as his main problem for not completing the home on time but he mentioned previously that he had problems with crews not showing up at the job site, etc.

As it stands now he wants to do absolutely nothing to remedy the situation with the exception of providing me the house at a date to be determined.

I fell the seller should do something more then provide the product he is getting paid for....there has been no coomunication...well not until the day before closing reference a breach of contract. I feel I should have been notified in a timely manner reference issues that affected the closing date well before the day before the actual closing...

[Bigfoot]

If the builder hasn't finished, then you won't receive a certificate of occupancy. You've been treated badly and yes there should have been an extension filed by the contractor/seller. If you want the house, you may want to have your Realtor initiate one to limit your exposure to other problems.

What is your lender saying? Does this involve a construction loan?