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Buyer refusing to release contract even though she breached contract by changing lender right before closing.
Anonymous7 views2 answers
Had a house contract expire may 4 because buyer changed lender a few days before closing because they didn't want to provide additional documentation. The new lender refused to process loan past doing an initial pre approval without extension of contract. I refused because didn't want to be in same situation when 2nd lender asked for same documentation due to her just moving to mexico but wanting to buy my house as primary when her primary is in Mexico and she had other issues with using 401 k and not being able to get it disbursed and the fact that she's taken her time and missed EVERY deadline and then still demands everything even though not entitled because she missed due diligence period and both closing dates.
Alwyn Taylor SilverPersonal Injury LawyerAndrews, SC ·
I am unsure what your question is exactly. I can tell you that almost always, the terms of your contract control what can be done. If every aspect of the contract has expired, you do not need a release from the buyer.
You should contact a local real estate attorney to review your contract and issues; as well as to make absolutely certain that the contract has completely expired (be careful, many real estate contracts have an automatic extension clause).
I agree with Mr. Silver. If there is nothing in the contract that extends it in any way or gives the buyer another chance to get financing, and you have passed the closing date, then you don't have a contract and should be able to move on. To be totally safe on this, you should have a local real estate attorney verify there is nothing extending the contract. You can find one under the Find a Lawyer tab.
