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Should we move to "settlement windows" over dates in our contracts?

By
Real Estate Agent with Compass

It seems lately there is a huge disconnect between lenders and sales contracts.   I wonder sometimes why the lender even asks for a copy of the contract, as it seems to be irrelevant to the transaction.    The last two closings I have had on condos for my listings (I must emphasize listings here because this has not happened to one of my buyers with a lender I recommend...yet), they have not made the closing date with 45 days to get it done.  And these are not complicated loans. The buyers are well qualified, salaried employees, standard conventional or FHA loans.    But they were both national lenders, not local.  And this is not something that has happened often until lately, in my experience.

windowI have followed up frequently with the loan officers, and asked if things are moving along and been given affirmative answers both times.  Then sure enough, a day or so before closing, lender calls with "we are not going to make it."   The explanation is always vague, as if the loan officer doesn't even know exactly why.  Both times, it's been condos, both times it's been "something is missing in the condo questionnaire" but no specifics.

Again, the loan originators I recommend to my clients don't do this, and if closing is delayed, it's usually done by COB on the contract date and I am given a definite reason why.

So, maybe some lenders should suggest that we start writing "windows" instead of "dates" in our contracts.   People make plans around the DATE of SETTLEMENT.  They switch utilities, they hire movers, they line up contractors etc.

I do wonder why this has not happend with the loan officers I use.  I say it is because they are 1) Local and concerned about their reputation 2) I refer them and they want more referrals 3) They are just better at their jobs and their companies are organized and respect the closing dates.

When closing dates are missed, it causes anxiety all around.  So if you are a lender, and you know your organization is not making closing dates...tell the agents up front.  Prepare us for a date range rather than a date.  

I'd love to hear if other agents and buyers/sellers around the country are experiencing this too.   Is it happening all the time?  Is it just non-local lenders?   Or is this just the new standard we should start preparing our clients for?  "Approximate closing dates"  




 


Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I've found that these date windows are normally interpreted by lenders as the last date of the window.  So, my guess, it wouldn't really help very much.

Nov 03, 2011 12:57 AM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

I think lenders these days are on their own time frame and don't have the same "time is of the essence" that we do.  Very frustrating indeed.

Nov 03, 2011 01:14 AM
Dominick Dina, MA, REALTOR®
Christian Realty San Antonio - San Antonio, TX
GRI, e-PRO, TAHS, SFR, Notary Public

Coral,

Yes, yes and yes.  They know they are in control of the situation and abuse their position.  Too many times, as you noted without saying why, they are " not ready" and we have to extend a contract.

While here in Texas under certain circumstances we do have a "window" usually we have to extend.

It would help if they realized we are a team and it takes a team effort to reach the finish line.

Dominick

Nov 04, 2011 12:30 AM