This post is written with no intended offense to people who live in the Sunflower State. It certainly is not meant to offend the Dorothy's of the world, especially since Dorothy is my only sister's middle name. What I am extremely upset about, and cannot seem to find a solution for, is the total insouciance people demonstrate when they have made a written commitment to do one thing, and then just ignore the commitment when what they agreed to does not fit into their plans.
A great example these days is Lenders and Commitment Dates and Closing Dates. I have been closing loans for a long, long time, and I never have seen things this bad for purchases. I practice law in a "time is of the essence" state, and there was a time when the date set forth in a purchase and sale agreement was sacrosanct and "by hook or by crook", the Lender got the deal done, and on time. That is simply not the case these days, and it has gotten so bad, that I have tried to develop strategies for Buyers and Sellers to prepare for the almost certain eventuality of not closing on time. I have written before about same day sales and purchases. They are really risky, and I do all I can to discourage them.
So, I now have dusted off my Use and Occupancy Agreements and normally put a 2 week Use and Occupancy in all my purchase and sale agreements. That is one solution, but it can cause many problems in actual usage.
I am extremely interested in knowing what my fellow real estate professionals are doing to deal with this epidemic of "I don't care". My sense is that there are fewer transactions being completed, and there should be better delivery. That is not the case, in most instances, and it causes stressful deals almost always. I will not even go into my last allegedly "quick cash transaction" where the purchase and sale agreement was supposed to be signed on October 8, 2010 with a closing on October 15, 2010. The quickness of the deal is the main reason my Seller client accepted the offer. We do not even have a signed purchase and sale agreement, and the deal may crater. What happened to all those written promises?