Friday, November 6, 2009

Can seller take house off market after finance approval?

We've put an offer on a house which was accepted, but the bank is taking its sweet time with final finance approval, despite us getting all info to them same day. Now the seller says he will withdraw the house from sale if settlement hasn't gone through by the end of the month, even if we have final approval.





Is this legal?

Can seller take house off market after finance approval?
Unless you have entered into a legal and binding contract, the seller is within his rights to withdraw the property. Good luck getting your financing in order in time. Get a statement from the Realtor and possibly the finance company will accelerate, they don't want to lose thirty years of interest.
Reply:It is if approved by your state real estate laws you have no recourse. Your purchase agreement should have a deadline date for your application and credit approval.





Check your purchase agreement ....and see if you are within the parameters.





If you have a Real Estate representative who has not taken note of this item I would take him/her to task for not writing up an addenda. This would have extended your agreement to allow for more time preventing this from happening.





Good luck
Reply:Yes. The owner may take the house off the market until all the closing documents have been signed and legalized. Call the bank, be nice, but explain to them your situation and maybe they will hurry the process up. But remember, BE NICE. If you are rude, it will probably move slower than it is moving now!
Reply:Yes, it's their house- if you haven't signed paperwork saying it's yours, they can take it off at anytime, an offer means nothing.





But the weird thing to me is don't they want to sell the house?





I'm sure everything will get done within this month though.
Reply:Depends on the dates in the Offer to Purchase Contract. There will be dates for various things and if the date has expired and a certain thing hasn't hapened - yes, the Seller can withdraw.
Reply:yes. the owner is entitled to remove the house from market at any time for any reason.
Reply:The owner may take the house off the market at anytime up until closing. Unless there was a written contract.
Reply:depends, what does the sales agreement state? is there a certain time to get approval, when is the closing date?
Reply:Yes
Reply:if your sales contact settlement day expires yes


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