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No closing date on contract

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  • 10-10-2021 5:41pm
    #1
    LongfordMB
    Registered Users Posts: 122 ✭✭


    We went sale agreed a few weeks ago. Took quite a while to get contract from seller (clearly a stalling tactic) and now we received the contract there's no closing date on the contract (another stalling tactic). Our solicitor rang their solicitor and it seems they simply haven't found a house yet.

    Is there anything we can do here other than pull out. Should we give them a closing date and a take or leave it ultimatum? We do want the house, and the market is tight, but it wouldn't be enormously difficult to find another. We do not appreciate their stalling attitude and have limited patience for it.

    Any thoughts would be appreciated.



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    #2
    Donald Trump
    Registered Users Posts: 19,548 ✭✭✭✭Donald Trump


    If it was me, I'd keep looking to take advantage of the window to see whether there was anything better available.



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    #3
    banie01
    Registered Users Posts: 16,742 ✭✭✭✭banie01


    https://www.boards.ie/discussion/comment/118001498#Comment_118001498

    This, also the other slightly more underhanded tactic to try? Is return an amended contract including a closing date to the vendor.

    They commit to that date, or suggest their preferred alternative or you move on.

    No closing date on a contract of sale is IMO not just a stalling tactic, it quickly becomes unenforceable. How can one compel specific performance if there is no mandated close date?



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    #4
    jood22
    Registered Users Posts: 30 ✭jood22


    our sellers atrempted the same several months ago. Then proceeded to delay, delay, delay. We've finally got them to commit to a date but we should, by rights, be IN the house now. I would push as far as possibly can for a date and keep looking.



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    #5
    C14N
    Registered Users Posts: 2,656 ✭✭✭C14N


    Had the same situation. Got a contract without a closing date back in August, still don't have our closing date now. We went to our solicitor to sign it at the time expecting there would be a date on it, and to this day I'm still not sure what was the purpose of the contract we did sign since it clearly wasn't final. They told us when we were buying that they would need time to find their own property, but the EA did also say they had their own purchase offer accepted by the end of July. We've repeatedly harped on looking for a closing date, while saying it didn't have to be soon, just wanted something in writing. We're now a few weeks out at most from when they have roughly said they want to close, and still no date. Things largely seem like they're moving on their own purchase but it does make you feel anxious until you get one.

    Tbh, if you have alternatives and feel like you could walk away without too much difficulty, I'd probably try to demand some sort of closing date. In our case we really liked the house and it took us a long time to find one as good as we got, and felt like there was no chance we'd walk if we could get it, so we've put up with a lot. In your case if you don't feel like that, I'd probably say to the solicitor to suggest a closing date, and say that if they don't either accept or offer their own closing date within X days, then you will withdraw your own offer.



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