Know Your Dates!

By
Real Estate Agent with eXp Realty of California, Inc. CA DRE #01490977

 Watch that calendarNo, I don't mean people you go out with, silly. I'm referring to dates in the purchase contract. CARLSBAD BUYERS AND SELLERS - THIS IS IMPORTANT!

Knowing your dates is critical for everyone - buyers, sellers, agents - so that the transaction can proceed as smoothly as possible and doesn't fall apart because one party or the other doesn't do their job.

As an agent, you need to help your clients here, and make sure they know the relevant dates. And help them understand the implications of those dates (e.g., time frame for offer expiration, inspections, contingency removal, application for a loan, the loan commitment, closing...the list goes on) - it's part of your fiduciary responsibility. Depending on your state, your contract may be riddled with enough dates to fill your calendar for the next 4-6 weeks. While they may be negotiable up front, once the contract is signed you must help your clients meet those important deadlines. Failure to reach a due date can result in a contract falling apart, if someone wants to go that far.

Here in California you can issue a Request to Perform (with a due date) if, for example, the buyers do not remove their contingencies within the stipulated time frame. And we probably all have had experience, or know someone who has, with a loan not getting approved in time. Plus some lenders (e.g., in a foreclosure) or builders (some new construction) may charge a daily fee if closing doesn't happen when it's supposed to.

I like to provide my clients with a time line, or a calendar that lays out all the important date so everyone knows in advance. And written reminders a few days beforehand to all concerned will serve you well. It's tough if clients are not always timely, but it is our job to help them be on time, and to understand what may happen if they aren't, since they may not know or realize the consequences. Think of yourself as the master scheduler, or maybe the cruise director managing all the activities.

 The clock is tickingBuyers and sellers, you need to understand the dates you are agreeing to, and make every effort to meet them. Sometimes things happen (our old friend, Murphy) so extensions may be needed and agreed on in writing.

If you have questions about what has to happen and when, ask your agent. Need to understand your options if you can't meet a deadline? Ask!

  • While you are responsible for doing what you agree to do in a timely manner, your agent is there to help YOU. Contracts can be confusing, and keeping it all straight and knowing who is supposed to be doing what equally so. 

 

  • Highlight the critical dates in the contract
  • Put them on your calendar
  • Set up reminders in your Palm or in Outlook with an alarm

Do whatever you need to do to not let time tick away. Not everyone is always keen on being punctual, but your contractual obligations are one time when you don't want to be late for your date!

Failure to adhere to the dates can put your transaction in jeopardy, whether you are the buyer or the seller.

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

If I can provide more information about Carlsbad and surrounding areas, or the housing market in general, or otherwise assist you in your homes search, please contact me by phone or text at (760) 840-1360
or email me at JDowler@remax.net.

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Anonymous
Lola Audu

Hi Jeff,

It is indicative of the perils of a lack of attention to detail.  We too are seeing many buyers are losing earnest money deposits or having to pay daily fees if the closing does not take place as determined by the purchase agreement.  This is definitely a new emerging trend in our area. Huge implications particularly for first timers....

Lola Audu, CRS GRI

Jan 08, 2007 01:45 PM #1
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude
Thanks for your comments, Lola. I am pretty much a stickler for dates and it drives me nuts when others are not so picky. I try not to get too wound out but there are times...first timers, as you know, are especially vulnerable since there is so much to be concerned about. The details folks are the easiest - the big picture lovers are a bit tougher, IMO
Jan 08, 2007 02:10 PM #2
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Carole Cohen
Howard Hanna Cleveland City Office - Cleveland, OH
Realtor, ePRO
Murphy does like to show up doesn't he lol. I love the fritz the cat graphic lol.  Here, most buyers wind up deciding to push for early close once their mortgage is completed. Sometimes it's hard to convince them when sellers say but i have to pack and move! lol
Jan 09, 2007 12:02 AM #3
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude
Carole - interesting how things can be different. I don't see that happening here much. If a closing date is agreed on then that tends to be how things proceed, although there are exceptions. When the market was crazy we had lots of people looking for closing in 30 days and less, but it has increased to 45 and more (although you still see some within 2-3 weeks). However there are a good number of vacant houses and those sellers are ready to close as soon as buyers are.
Jan 09, 2007 02:06 AM #4
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George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert
Jeff, I like the idea of puting the dates down on a calendar for them, it really brings to life just how little time they have to get things done.  Very often a Buyer gets a contract and then waits days to contact me to get the loan started, and then we are running around like crazy to meet commitment.
Jan 09, 2007 12:31 PM #5
Rainer
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Doug Beaver
Century 21 Olde Tyme - Corona, CA
Corona Norco Eastvale Riverside Homes
Jeff, Here in Calirfornia ( I hope this is not prevalant elswhere ) It just seems that most agents, new and old by the way, never really gor areond to actually reading these contracts we fill out for both sellers and buyers. It has just amazed me the contracts that I have received with things missing in them. I have had to counter to just fill in the blanks. Stuff like who pays and for what on the termite inspection and repair, How many days to inspect. I have a Land deal right know that is not scheduled to close till april 30, 2007 and per the buyers offer he is now in breach. We have already sent A Notice to perform with four days to respond. This was before Christmas. The Seller is now in control and can keep this buyers ernest money, per contract. I have told his agent time and time again. Wow it just amazes me how many agents really have no clue what they are doing.....
Jan 09, 2007 05:48 PM #6
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

George - Thanks for stopping by. I always appreciate you comments.

Doug - so true. I have had come contracts that are missing more info than they include, cinluding not having signatures, info about the agent, etc. But I ran across this is Boston, too, although the offer was much siimpler.  I know lots of people that have had the use the Notice - amazing that it shouod get to that, and then you still have no response. Good luck getting it resolved. Guess you can send somethng in writing to the broker but seems to me the money is your seller'.

Jan 10, 2007 12:46 AM #7
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Kristie Weber
RE/MAX EDGE - Saint Charles, MO

i keep all of the dates visible on the front of the file with check boxes at the countdown to close....

Jan 18, 2007 10:07 AM #8
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Good idea, kristie. Then they are right there in your face all the time. Thanks for your comment!

Jeff

Jan 18, 2007 10:17 AM #9
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Erica Attewell
RE/MAX Omega - Medina, OH

Hi Jeff,

I have a two month calender on my office wall that is a dry erase of course.  I put every date in there.  I even color code.  Showings-blue, contract dates-red, personal-black and closing dates green.  Most of the time I do have to call the other realtor to remind them.

Erica

Jan 20, 2007 05:52 AM #10
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Alexander Harb
Knights Investing - Mesquite, TX
Dallas, Texas Real Estate Investing

Knowing how much time you have to do inspections and get the loan approved are MOST important..... missing those dates can void the agreement.. =-P

NOT a good thing..... =-D

Jan 20, 2007 06:10 AM #11
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