Special offer

When Time is of the Essence, are you thinking about Buying a Home? $8000 Tax Credit

By
Real Estate Agent with Sky Realty South Austin

Are you thinking about Buying a Home?  Using the $8000 Tax Credit the timeline is approaching.

When Time is of the Essence,  we know that is a legalese term that most Realtors® adhere to but do not use much.  What does it mean?  According to a legalese website... I found this as the meaning.

A phrase in a contract that means that performance by one party at or within the period specified in the contract is necessary to enable that party to require performance by the other party.

Failure to act within the time required constitutes a breach of the contract. The general rule is that time is not of the essence unless the contract expressly so provides. As a result, with respect to real estate transactions, the modern view is that time is not of the essence unless the parties have manifested such an intent. The same is generally true in construction contracts and in contracts relating to the manufacture of goods. When time is not of the essence, courts generally permit parties to perform their obligations within a reasonable time.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

So that pretty much sums up what I thought, it means  in order to get what you want you must adhere to the TIMELINE set forth in the beginning.   Now what does a blog post have to do with this term?  Looking at it from the $8000 Tax Credit for First Time Homebuyers.. it means the time line is fast approaching when you will not benefit from this Tax Credit.

It is now August 1,2009.  Yesterday I heard a lender say, we need at least 45 days to process and close a loan.  That brings the date to September 15, 2009.. IF YOU WERE UNDER CONTRACT TODAY.  So back that up a bit and say 3 weeks to find and decide on a home, and negotitate the contract.  So now we are at mid October.  Perfect if you are ready to buy now.  IF you are thinking about buying, I would get it done. 

The final date for closing and funding and transferring title of the new home to you is NOVEMBER 30, 2009.

Will the Government allow late closers to take the $8000 Tax Credit?  I do not know.  Right now I would tell you the current IRS website says the deal has to be done and over by November 30, 2009.  I would not want to bet anyones $8000 on any other date.

If you need help with your Real Estate Goals here in Austin Texas, Buda, Dripping Springs or Kyle, call me and I can help you.   Gail Tassey, Realtor®, 512-217-9482 or visit my web site to begin your search. http://austincomeshome.com

 

Posted by

South Austin Real Estate

Comments(12)

Russ Ravary ~ Metro Detroit Realtor call (248) 310-6239
Real Estate One - Commerce, MI
Michigan homes for sale ~ yesmyrealtor@gmail.com

Only until dec 1 and if you are thinking of buying a short sale time is really running out.  So start looking now

Aug 01, 2009 12:45 PM
South Austin Real Estate Blog
Sky Realty South Austin - Austin, TX

Russ, very true.  It must be closed by Dec 1, so we are alerting everyone to Nov 30.  I would hate to be the one closing on the day after the deadline. 

Aug 01, 2009 12:48 PM
Monika Depalo
GAFF'S REFERRAL'S INC. - Port Orange, FL
REAL ESTATE Agent/Stager

Yes, there will probably many who want to jump on the bus the last minute and may not get accepted.

Aug 01, 2009 01:00 PM
Barbara S. Duncan
RE/MAX Advantage - Searcy, AR
GRI, e-PRO, Executive Broker, Searcy AR

Good blog, and a good reminder for us all.  So far I have 0 under contract waiting for the credit.

Aug 01, 2009 02:26 PM
Liz Schomers
Pleasant Ridge, MI

Thanks for the reminder about the tax credit time line.  Time is running out.

Aug 01, 2009 03:22 PM
Steve Shatsky
Dallas, TX

Hi Gail... this is a great example of time being of the essence!  November 30 will be here before anyone realizes.

Aug 01, 2009 05:25 PM
Betina Foreman
WJK Realty - Austin, TX
Realtor, C.N.E., with WJK REALTY

Timing is everything in this business. These days 30 days is not really enough time to close. Thanks for another great post!!

;)

 

Aug 02, 2009 01:14 AM
South Austin Real Estate Blog
Sky Realty South Austin - Austin, TX

Monika and how sad that will be to lose $8,000 because one didn't get off the couch.

Barbara, me too and I have a few saying.. oh yes, I want to use the Tax Credit, but are they writing contracts?  Noooooooo... oh well... you can lead a horse to water.... u know the rest. :)

Liz, time is getting shorter by the day. 

Steve, how do we make them realize it will be gone before long?

Betina, yes, timing is very important in real estate, and often is of the essence. 

Aug 02, 2009 01:35 AM
Sam Chapman
Lakeway, TX

First-timers need to get after it.  November might be a really, really busy month.  I don't want a buyer to have a close date towards Thansgiving.  Too risky.

Aug 02, 2009 02:37 AM
Terry Miller
Miller Homes Group - Tyler, TX
Miller Homes Group and Tyler Apartment Locator

With the lending changes now in effect, they need to buy buy Monday are they may have an issue.

Aug 02, 2009 02:38 AM
Ricki Eichler McCallum
CastNet Realty - Corpus Christi, TX
Broker,GRI,ABR, e-Pro, TAHS

Sound the alarm Gail,  Now is the time to get on contract!

Aug 02, 2009 02:45 AM
South Austin Real Estate Blog
Sky Realty South Austin - Austin, TX

Sam, yes I am advising all contracts that expect the first time buyer Tax Credit to schedule their closing by Nov 1st and not run into last minute details and delays.

Terry, true true, the new lending laws will affect many people and they will be caught unaware of the extra time.

Oh RIcki... we all need to sound the alarm, over and over to make people understand time is running out.

Aug 02, 2009 02:54 AM