Special offer

There is no “round to it” clause in a Real Estate Contract.

By
Real Estate Agent with United Country Ponderosa Realty, Red Feather Lakes, Colorado

There is no “round to it” clause in a Real Estate Contract.

TIME is the essence of a real estate contract.

 

Dates  and deadlines are in place for the benefit of the buyer;  allowing the buyer ample time to apply for financing, inspect the property and the title documents, negotiate replacement or repair of any unsatisfactory items disclosed by an inspection, obtain and review an appraisal, survey and all loan conditions, among other things.  It can be a little overwhelming for some and it does require a bit of time.

 

Most buyers don’t mind these deadlines because they want to buy their new home.

They’re excited about it and they are making their plans, like:

What to pack and what to give away or sell

When they will close on their new home,

Where the furniture will go,

When to hire a moving van, or get all their friends together to help

When to schedule time off from work for the closing and moving

When to change their address

How to change their utilities over

What color of paint they will buy for their new bedroom

When they will register their children at their new school, EXCETTERA…

 

 

Deadlines are in place for the benefit of the seller; as we move through the process, they know if the buyers have any objections regarding inspections items, condition of title, appraisal...etc. As each objection date passes they are closer to closing

 

and They are making plans too, like:

What to pack and what to give away or sell

When they will close on their new home,

Where the furniture will go,

When to hire a moving van, or get all their friends together to help

When to schedule time off from work for the closing and moving

When to change their address

How to change their utilities over

What color of paint they will buy for their new bedroom

When they will register their children at their new school, ECETTERA…

 

 

Both Buyers AND Sellers are planning this new part of their lives.  Time is of the essence.

 

I, of all people do not like to be pushed, I don’t want to push clients, lenders or title companies into unreasonable time frames, either.   I like to allow enough time for everyone. 

 

Going through a real estate transaction isn’t always “relaxing”- there will be plenty of time to relax after the closing.

 

Neither a lackadaisical buyer nor a seller has the luxury of moving those deadlines into a timeframe of when they can “get around to it.”

 

It’s a detailed business with dates and deadlines. 

 

There is no ‘round tuit’ clause in the Real Estate Contract!

 

***************************************************************************************************

Mary Douglas, your Mountain Broker-Associate and REALTOR®

United Country Ponderosa Realty, Red Feather Lakes, CO

www.marydouglas-redfeatherlakes.net

800-531-2195

“A Day in the Mountains will always soothe your city soul”

I specialize in the Red Feather Lakes area, Crystal Lakes and Glacier View Meadows Subdivisions, if you are interested in buying or selling your mountain home, please give me a call, I’m here to help you.

The information contained in Mary’s blog is deemed reliable but is not guaranteed and the opinions and views expressed in these articles are solely those of the author.

 

 

 

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Website: www.marydouglas-redfeatherlakes.net

 

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Comments(74)

Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

Hi Mary, great post about the importance about deadlines. I find that it is the motivated people that take the deadlines seriously.

Feb 16, 2012 11:36 PM
Jeffrey DiMuria 321.223.6253 Waves Realty
Waves Realty - Melbourne, FL
Florida Space Coast Homes

Oh no...I have been told that three times this week by other agents...I think I am going to forward them this blog post...lol

Feb 16, 2012 11:43 PM
Warren Moore
Warren Moore Real Estate - Washington, NC
CRS, GRI

A great reminder of why we have these dates and the reasons for them.  Thanks,

Feb 16, 2012 11:46 PM
Gloria Matthews
Principal Property Brokers - Vancouver, WA
MAKING CLARK COUNTY HOME

I am typically all over the timelines, and after each step, an email about the next step.   Some people still dont get it.  or dont have their funds transfered and ready to draw a cashiers check.  Did they forget they are buying a house?  or?  my drivers license is in the car...and the CAR is on its way to "150 miles away" my   kids borrowed it...  (thank goodness there was a passport in the safety deposit box).

ONLY once did I have a buyer who, "changed his mind", like the contract and earnest money were written on toilet paper. (self destructing bio degradable).  While the seller was ammenable to returning the earnest money, I heard that this buyer had done it many times...and written many offers.   A clause on the P&S, was conditional on sale of house and he took the house off the market without notice.  there is is!  ahaaa.... While the earnest money was returned...it took about 6 weeks,  just long enough for him to understand, THESE ARE CONTRACTS.

Feb 17, 2012 12:38 AM
Dee Nofziger
|Key Realty | Maumee Toledo Real Estate Blog - Toledo, OH
Maumee Real Estate, Toledo Homes, Key Realty

Great post. Wish everyone felt the same way. Time and time again we run into lenders who dilly dally and then casually ask for an extension. What ever happened to contract dates? An extension is not a given!

Feb 17, 2012 12:52 AM
Kate Akerly
Kaminsky Group - Manhattan Beach, CA
Manhattan Beach Residential Sales

I generally agree with your premise and they descirbe the right sentiment buyers and sellers need to go into a transaction with.  That being said, if I were to read your point literally, it may not be totally correct (at least in all states).  In fact in NY, the common law basically says there is a "round to it" clause when it comes to closing dates.  Courts have found that a date descirbed as "on or about" really means within 30 days of the stated date.  If time really is of the essence, the parties must actually include a Time is of the Essence Clause to make that clear.

Feb 17, 2012 12:56 AM
Marshall Brown
Mid America Inspection Services, LLC - Fargo, ND
BSEE, CHI

One of those places where "Better late than never." doesn't apply.

Feb 17, 2012 12:59 AM
Lisa McCarthy
Fred Real Estate Group Central Oregon - Bend, OR

It does get interesting - lenders wanting to use the excuse, "We are oveloaded with refi's."

Feb 17, 2012 02:47 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Explain that to the lenders.  More often than not they find the problem at the last minute.  Many of these problems are things that could have been found weeks earlier.

Feb 17, 2012 11:45 AM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Thanks everyone...I guess ActiveRain will "get around to" sending me comment notifications again...sometime! I had no idea that I had missed these and I appreciate your comments!

 

Gabe, I don't understand it either - it's elementary.

Hi Michael,  you're right, it's our job to make sure those deadlines are met... I had a lender tell me this about a lackadaisical buyer though, "Mary, I can't go to his house and start pulling the information out of his file cabinet!....so it is also the job of the buyers and sellers

Hi Richard and Jean - at least those constant reminders help move the file up to the top of the stack...so to speak!

Hi Rob, it's interesting how our attitude changes with this type of buyer isn't it?

Hi Charlie, I agree with you, working with a known and local bank and/or mortgage broker makes a big difference in meeting those deadlines!

Thanks Mike, I think the stress and absence of certain deadlines in those REOs & Short Sales might shorten the lifespan of many a good real estate agent!?

Hi Jack- sadly, that's often true.  It makes me really appreciate the lenders that get it, though.

Weichert- thank you! You've brought up a great point, because without documentation we would be hard pressed to remember all the shenanigans these "round tuit" people pull.

Hey Elizabeth, 'glad I could help...I'll have to come over and see what you came up with!

Hi Cheryl, I like that- a round tuit pot holder!  At times, my poor husband probably thinks I have one of those too! LOL

Eileen, You summed it up perfectly, thank you!

Thanks Lisa, I hope you have a great weekend, too.  In Colorado, our sellers are always under specific performance, the buyer can be, but usually the remedy is liquidated damages which would be the loss of their earnest money deposit. Why they want to risk losing it, I have no idea!

Hi Amanda, the banks seem to be the fly in the ointment, I don't know how to change it, though!

Hi John, great comment- thanks for the laugh.

Sandy, you're right and most people, are motivated and have no trouble meeting the deadlines... the "round tuits"  are their own worst enemy

Jeffrey, oh no! not other agents, please say that isn't so!

Thanks Warren, I'm glad you stopped in.

Ha! Gloria, I like your comment "Did they forget they were buying a house?" That's priceless!

Hi Dee, you're right, an extension is not always a given.  I once had a buyer who just beat up the seller every step of the way, one day before closing his lender wasn't ready and had to delay for a week...I know if that seller had had a nice back-up offer in his pocket he would have told my buyers to take a hike!  We were very lucky that he didn't.

Hi Mike, You're right- laws vary from State to State.  To be more clear I should have said Colorado contracts, thanks for bringing that point to light.

Hi Marshall, Agreed! No "better late than never" , no round tuit, and "almost" only counts in a game of horsehoes!

Lisa, UGH! I'm sure lenders are overburdened with refis right now, but a refi doesn't have the moving van packed and waiting in the driveway, sales should always be a priority. Their customers are depending on them to perform within the appropriate timeframes- shame on them if they don't!

Hi Gene, I've noticed that too- that tells me they didn't even bother picking up the file until  the last minute ... those lenders go on the "naughty list"

 

 

 

 

 

 

 

 

 

 

 

 

Feb 17, 2012 11:23 PM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Mary, you are so right and that is a very clever way to make your point.

Feb 18, 2012 02:47 AM
Sylvie Stuart
Realty One Group Mountain Desert 928-600-2765 - Flagstaff, AZ
Home Buying, Home Selling and Investment - Flagsta
Many buyers and sellers don't understand the deadlines from the contract, so it's definitely our job to communicate that to them and let them know when the deadlines are an the importance of meeting them.
Feb 19, 2012 03:32 AM
Mary Douglas
United Country Ponderosa Realty, Red Feather Lakes, Colorado - Red Feather Lakes, CO
REALTOR, Red Feather Lakes, Colorado

Thanks Bob, I appreciate you stopping by.

Hi Sylvie, I agree with you, it is our job to explain the deadlines and try to keep everyone on track, I say try because once in awhile we meet up with the poor poor soul who thinks he/she can ignore the deadlines and everyone else will be OK with that! :-[

 

Feb 19, 2012 04:05 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

I recall once reading about a boss who bought a whole box of round tuits and handed them out to employees... No more waiting until they got a round tuit, because they each had one - or more.

Feb 19, 2012 05:20 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Time is of the essence needs to start off every contract in BOLD LETTERS.  I am always nervous that my clients won't take time frames seriously.  In particular, one now.   This is a great reminder, Mary.

Feb 20, 2012 04:55 AM
Ann Hayden 636-399-7544
Berkshire Hathaway HomeServices Select Properties-St. Louis Missouri - Des Peres, MO
SelectAnn.com

Mary,

I have clients that have lots of them....LOL

Ann Hayden in Wildwood, MO

Feb 22, 2012 12:13 PM
Bruce Walter
Keller Williams Realty Lafayette/West Lafayette, Indiana - West Lafayette, IN

Hi Mary!  Congratulations on your featured post!!!  I remember seeing a sample copy of the Colorado real estate contract and just how detailed it IS with the upcoming deadlines the buyer and seller have to meet.  It is MUCH more detailed than the one we use and that is a good thing to have these dates down on the contract.  I especially enjoyed your buyer and seller checklist and how they relate to their perspective approaching deadlines!  Spring is fast approaching, or did you ever have winter in the RFL area?  Very mild here in West Lafayette!

Feb 23, 2012 07:49 PM
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

I'm actually amazed at how many agents don't pay attention to the time is of the essence clauses in contracts as well.  It's really sad when an agent doesn't advise their clients of the deadline associated with inspection periods or whatnot and then theink it's no big deal after the fact to do the inspection, ask for repairs or try to cancel the contract due to results.  The contract is very important and so are the deadlines. -Kasey

Mar 06, 2012 09:22 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

This is a wonderfully written blog, Mary!  I closed a transaction on a very special home in October.  All though the seller had moved out, they left beautiful furniture behind because they had moved into a much smaller home.  Mrs. Seller kept promising to get it moved out before close of escrow.  My buyers offered to buy the furnishing, but the sellers declined.  You guessed it, Mrs. Seller's "round to it" didn't quite make it.  My buyers were able to procure the furniture and a very attractive price!

Mar 19, 2012 09:32 AM
Shanna Day Team Leader (UT & AZ)
Keller Williams SLC (UT) and Keller Williams Realty EV (AZ) - Park City, UT
Keller Williams Realty

Great featured topic.   One thing that has been VERY beneficial for me and my team is to "blog" the process that buyers and sellers go through so they then know what to do or expect and you don't have to explain it over and over and over each and every time.    Here is an example: So now you are in contract, what's next?  http://actvra.in/xHJ  Do any of you have other suggestions for helping people through the process?  Thx.  Shanna

Sep 27, 2012 01:48 PM