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What are Performance Dates in Tennessee Real Estate Contracts?

By
Real Estate Broker/Owner with Franklin Homes Realty LLC

What are Performance Dates in Tennessee Real Estate Contracts?A Tennessee Purchase and Sale Agreement is a legally binding contract for the sale of residential property. Within that contract are specific performance dates including loan application deadlines, home inspection deadlines, resolution of repair deadlines and closing deadlines. These are referred to as contract performance dates. 

You will often hear real estate agents say, "Time is of the essence." This is especially true when adhering to contract performance dates. When items are not performed by the specified date or deadline, there are consequences. Some consequences are more harsh than others. The worst being the contract becomes null and void.

These performance dates have been created for a reason. They are not to be taken lightly. Real estate agents and their buyers and sellers must know their performance dates and comply with those dates.

I have been fortunate to work with real estate agents who closely monitor performance dates. Until this week, that is. 

Two weeks ago, we were supposed to close on a property. I was representing the buyers. Unfortunately, we ran into title issues. The sellers requested four additional days to resolve the problem. They needed to get Quit Claim Deeds signed. We granted an extension and I prepared the Closing Date Revision Amendment. After four days, the sellers realized it was going to take longer than anticipated so they asked for five additional days.

Five days later, when we still hadn't closed, the sellers asked for yet another extension. My buyers were beginning to think this purchase was not going to be resolved to their satisfaction. They granted the seller another five days, however, I informed the agent if we couldn't close by 7/7, I wasn't sure what my clients would do. Once again, I prepared the extension.

On 7/7, the sellers still had not been able to present a clear title. A new property had just come on the market and my buyers quickly asked to see it. In the meantime, not a word from the listing agent. Up until this point, I had been completing all the extensions., even though, this was his listing.

Since my clients had decided to find another property, I didn't contact the agent. We were just going to let our extension expire. In this case, that meant that our contract would be null and void. The buyers could freely walk away from the purchase and be reimbursed their earnest money because the sellers had not provided clear title to the property.

At 9:15 p.m., I received a text from the listing agent asking, "What's going on?". I didn't even respond. I completed the Mutual Release of Purchase and Sale Agreement and Request for Earnest Money Disbursement and forwarded it to him. I didn't hear a word from him until 11:30 the next morning when he sent me a text that they were ready to close. Too late. My client had already written an offer on another property. The buyers had no intention of buying the first house.

The listing agent had not taken any steps to protect his sellers. I had completed all the extensions. He should have prepared an extension and sent it to me. He did not. He should have been calling me earlier in the day to try to offer some compensation to keep my buyers interested. He did not. 

When he realized the next day that we weren't going to close, he tried to strong arm me into thinking he could force us to close. Fortunately, I know Tennessee contracts well and knew that we would prevail. Besides, I had spoken to the attorney a day earlier and had informed him of my client's decision. He had already confirmed the buyers were entitled to a return of their earnest money. The listing agent had to inform his sellers that he had dropped the ball.

I wish I could say this was the only time this has happened. Unfortunately, I had a very similar situation later in the week with one of my listings. A buyer was refusing to sign a Repair Amendment. Her agent had left it until the last day, even though, I had sent her the document earlier in the week. There we were at 11 p.m. completing an extension of Resolution Period to satisfy a buyer who had been neglected by her agent. 

What are Performance Dates in Tennessee Real Estate Contracts?In that case, we extended the Resolution Period for a day so the buyer's agent could speak to a home inspector.

Had the agent taken the time earlier in the week to do this, we would not have been signing documents in the 11th hour, especially, given that the buyers had been granted a 14 day inspection period and 5 day resolution period.

What are performance dates in Tennessee real estate contracts?

Performance dates in the Tennessee Real Estate Contract are important. They are designed to protect buyers and sellers. They shouldn't be neglected or left to expire. All parties must be aware of the dates and make sure the corresponding documents have been properly signed. When they have not, you may wake up to realize that the contract is null and void and you haven't sold your house after all.

Photo courtesy of freedigitalphotos.net/nongpimmy

Posted by
Tammie White, Managing Broker/Owner
CLHMS, CRS, GRI, SFR
Franklin Homes Realty LLC
Franklin, TN
(615) 495-0752 
GET REAL. GET LOCAL.
 
This posting with the content written here and photographs displayed are the intellectual property and opinions of Tammie White of Franklin Homes Realty LLC. Any party who uses this material without the written permission of Tammie White is subject to copyright infringement and possible lawsuit.

Comments(7)

Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Hi Tammie--I was a very happy camper when NC became a due diligence state and we had only one deadline date to remember and negotiate, except for the closing date. It's made life so much simpler and I remember having days like yours in transactions when people were not paying attention.

Jul 11, 2015 07:56 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Contract dates are important for both the buyer and the seller.  I often send agents reminders as the dates get near.  

Jul 11, 2015 12:47 PM
Fred Cope
Reliant Realty in Nashville, TN - Nashville, TN
Looking For Homes With A Smile

Tammie, I print off a calendar for the contract period when making an offer.  I use excel, and have written formulas to pop those dates up on a list, in addition to flagging those dates.  It is color codes, and has nothing else on it but deadlines. I put the list in my appointment book, and the calendar in the clients' file.  Additionally, I set alarms in my smartphone to protect against those senior moments.

I appreciate your plight when the other agent goes to sleep at the wheel.  Compound that with the hard to reach character who thinks he alone is too busy to answer the phone.  If you look close just above and forward of my ears, you may see two small horns beginning to sprout at those times.  Who likes getting a phone call at 5:30 AM?  I am an early bird, and I figure that I can reach him at that time of the morning.  I say "him" because only once have I resorted to the early phone call; but after three days of chasing, I was determined.  You know the sound of that thick headed sleepy "hello." Well, here comes old Fred with a cheerful & melodic voice: "Good morning! Been chasing you for three days, so now that you are awake, I need the documents I sent you last week, TODAY.   My buyer is going to be out of town for a couple of days.  How soon can you get them to me?"

 

Jul 11, 2015 01:48 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

No clause in a contract should be taken lightly. Don't find out about this the hard way either...

Jul 11, 2015 11:45 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Tammie, Hahahah … cold day in you know where that the listing agent informed his sellers that he had dropped the ball. I just worked with an agent who brought a buyer on a property I listed. We were on day five of me red-lining the crap he tossed over. Then, I got a solid offer. Even with some dotting I’s and crossing t’s, we had the contract ratified and sale pending in less than 6 hours.  Agents do make and break transactions all the time.  Now that buyer is emailing me wondering what happened. Fodder for a post, you bet!

Jul 12, 2015 03:51 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

dates are super important. We're working on a matter concerning dates at the moment.  We actually have a form to point all all the important deadlines to our clients that I love to use.

Jul 12, 2015 04:17 AM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

Nina - I'm so jealous.

Joan - So do I but I often resent the agent because I'm not their babysitter.

Fred - I do the same. Unfortunately, buyers and sellers rely upon me to keep them on track.

Richie - No kidding.

Kathleen - I know. I'm sure he blamed this whole thing on me somehow. He actually accused me of not telling my clients they were ready to close. It didn't matter to my clients. They had already written an offer on another house. We simply waited until the first contract expired before submitting. They were so upset that the closing hadn't taken place as scheduled. We close on the new house in 10 days. They are so excited that we were able to make this second sale happen so quickly.

Tammy - We have a form as well. However, I wish it were in calendar form.

Jul 12, 2015 04:48 AM