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Show up or put up!

By
Real Estate Agent with Red Rock Real Estate (435) 632-9374 UT DRE# 6541633-SA00

Show up or put up!

 

Entering into an agreement to purchase property depends on both buyer and seller to perform. Once contingencies are removed and deadlines have passed, the expectation is to move forward to the closing table. 

 

What happens when the buyer fails to show up as scheduled to sign at closing?

 

Some things the Seller can do when a Buyer is in breach of the REPC:

 

(a) cancel the REPC and keep the Earnest Money or Deposits

 

(b) keep the Earnest Money amount or Deposits in trust and sue Buyer for non-performance 

 

(c) return the Earnest Money amount or Deposits and contact an attorney to pursue further

 

Every circumstance is different and sometimes buyers simply get cold feet, becoming paralyzed by creeping doubt. That is not a valid reason to forfeit contractual duty to the real estate transaction, however.

 

Staying true to the 4-corners of the Real Estate Purchase Contract is expected. It is a legal and binding document, determining the rights, remedies and necessary steps to take when a buyer fails to show up at closing.

* This post pertains to Utah. Real estate laws, contracts and rules differ from state to state.

 

Happy sales all!

 

..........................................................

 

Questions about buying or selling a home in southern Utah? Please contact me at 435.632.9374 or wanda@buynsellutah.com. Glad to help with your residential real estate needs because Wanda Can!

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I, Wanda Kubat-Nerdin at Red Rock Real Estate Utah am responsible for my opinions expressed in this blog. Information herein is deemed to be reliable but not guaranteed and may change due to market conditions. Please do not take my pictures or artwork and use them as your own, they are my property and copyrighted.

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Wanda Kubat-Nerdin is a southern Utah REALTOR® assisting buyers and sellers in in the St. George area, Dammeron Valley, Diamond Valley, Veyo, Central, Hurricane, Ivins, La Verkin, Leeds, Santa Clara, and Washington real estate markets.
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Red Rock Real Estate
90 E 100 S, St. George, UT 84770

BuynSellUtah.com
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Hi Wanda

I've never had this happen but clearly it does. It's good for both parties to know what the ramifications could be for failure to perform per the contract. Sometimes buyers and sellers seem to forget they are in an enforceable legal contract.

Jeff

Mar 01, 2017 07:52 AM
Kristin Johnston - REALTOR®
RE/MAX Platinum - Waukesha, WI
Giving Back With Each Home Sold!

Oh, how we fear the no show on closing day....great post!  Hope you dont have to deal with it in a long long time!

Mar 01, 2017 08:05 AM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

This is when you need the phone number of several good real estate attorneys stored in your phone so your client can get advice straight away and know their options under law.

Mar 01, 2017 10:21 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

It would most like have to be a real emergency for a buyer to go through with the process but then anything is possible

Mar 01, 2017 04:57 PM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Thank you Will Allen! Thankfully, there is no small print to blame.

Mar 01, 2017 06:18 PM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Reading every line and understanding what is within prevents so many needless situations Jeff Dowler. A woman once told me she didn't realize that she signed a listing agreement for 12 months, though we went through the document very thoroughly.

Mar 01, 2017 06:20 PM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Hope to avoid that situation for sure Kristin Johnston - REALTOR®. Thank you for stopping by!

Mar 01, 2017 06:21 PM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Referring clients to an attorney is a good idea when not satisfied with the remedies included within the contract for sure Nick & Trudy Vandekar. Always hope it doesn't go that far...

Mar 01, 2017 06:23 PM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Usually, the process stops before getting to the closing table Ed Silva. Have had a few close calls with financing issues or contingent offers though!

Mar 01, 2017 06:24 PM
James Dray
Fathom Realty - Bentonville, AR

Good morning Wanda.  Around here rarely do we get earnest money.  So far I haven't heard of anyone being sued for specific performance. 

Mar 02, 2017 03:38 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Every transaction here requires EM James Dray. The amount is decided by buyers and of course a higher amount makes a stronger offer. It does happen but takes time and can be an emotional journey.

Mar 02, 2017 06:38 AM