How long can a Seller push out Closing?

[LISAC]

I live in Massachusetts and am trying to purchase a home. If the Purchase and Sale states a closing date of January 31, 2002, can the Sellers unilaterally put off closing, for how ever long it takes, if the Purchase and Sale also states 'Subject to Sellers Finding Suitable Housing' in the special provisions section?

Which part of the purchase and Sale take legal precedence, the closing date or the suitable housing? If the Sellers do not find suitable housing by the 31st, can I get all my deposit money back because the closing date has past … or will I lose it (if I chose to back out) because they can keep extended the closing date unilaterally? Thank you.

 

[HomeGuru]

It depends on the actual language in the contract. Thus if the "sale is subject to Seller's finding suitable housing" but there is no date by which said housing must be found, the Seller's could find a suitable home, next year or 5 years from now.
Yes, realize that the condition was written so loose.
I hope you have a real estate agent and an attorney.
If not, you already are in a bad situation.

 

[J. Ducaine]

Tell the seller on the day after the expiration that you are fiiling a Lis Pendens requirling them to perform under the contract. At a minimum, they'll tentatively be compelled to sell the place to you, and nobody else. This will at least light a fire under theyre A**.

 

[HomeGuru]

Tell the seller on the day after the expiration that you are fiiling a Lis Pendens requirling them to perform under the contract. At a minimum, they'll tentatively be compelled to sell the place to you, and nobody else. This will at least light a fire under theyre A**.

My response: the day after expiration of what? The closing date, when the Seller has found suitable housing date or? And what does "tenatativley be compelled to sell" mean?

 

[J. Ducaine]

tentatively means subject to certain details that would run my free advice into a thesis. respond with more details of the contract and you'll get more details on the response.

 

[HomeGuru]

tentatively means subject to certain details that would run my free advice into a thesis. respond with more details of the contract and you'll get more details on the response.

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