Asked and Answered
Can I insist on closing on the date stated in the contract?Probably not. Most contracts state the closing date to be “on or about” a certain date. That means that the parties will do their best to complete the transaction close to the contract date as is possible. When you factor in the managing agent, lenders and the general difficulty to get folks to agree on a closing date, the closing rarely takes place on the date stated in the contract, even if the words “on or about” are not included. That being said, in unusual circumstances for a residential closing, the contract can state that “time is of the essence” with respect to the closing date. If that language is used, if a party fails to close on that date, the other party can declare a default with potentially disastrous results. Residential contracts should never require a time is of the essence closing, except in unusual circumstances.