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Rainmaker
2,971,601
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Not sure how to answer this question. When time is of the essence and a party does meet the time line, they are in breach of contract. A gentle reminder that a breach is about to occur generally suffices.

Feb 12, 2016 11:34 PM
Rainmaker
1,366,727
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Tony and Suzanne Marriott, Associate Brokers An agent should not let a contract go beyond the contract deadlines without a sufficient time-line to cure the delay.  Escalating it to their broker will do no good since the contract would be in default.

Feb 13, 2016 01:36 AM
Ambassador
3,912,750
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

I stay in close contact, documenting conversations and using email and reminding the other side where we are in terms of timing. If necessary I would issue a Notice to Perform

Feb 13, 2016 09:04 AM
Rainmaker
724,099
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

If you mean "time is of the essence" in a legal sense, then the agent causing the delay is putting his or her client in a very seriously dangerous situation. If it's your client who is at risk, they should understand what's involved and make sure the delay does not result in some kind of default on their part. You would also need to do whatever is necessary to move things along. 

Feb 13, 2016 05:36 AM
Rainmaker
4,866,933
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

ditto to what Nina Hollander said.... no need to search out a broker.... just handle it...

Feb 13, 2016 02:00 AM
Rainmaker
501,146
Jeffrey Jones
AZ Home Seekers - San Tan Valley, AZ
AZ Home Seekers, azhomeseekers.com

If a delay causes a breach in a timeline a cure notice is sent in AZ to give them three days to solve the problem to the breached parties satifaction or you can cancel.

If it doesn't warrant a cure notice then it wasn't a breach as much as just it is an annoyance.

Feb 13, 2016 01:13 AM
Rainmaker
5,262,244
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

I would call the broker only when absolutely necessary.

Feb 13, 2016 12:58 AM
Rainmaker
3,049,771
Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

We've seen deals (not ours) put at risk, or collapse, due to the failure on the part of one of the agents involved.  As we indicated in the question, and as Annette Lawrence , Palm Harbor, FL 727-420-4041 and Debbie Reynolds mentioned, the agents broker is ultimately responsible, and therefore bringing them into the loop while there is still an opportunity for the broker to take corrective action is key.

Feb 13, 2016 12:22 AM
Ambassador
3,041,741
Paul S. Henderson, REALTOR®, CRS
RE/MAX Northwest. - Tacoma, WA
Tacoma Washington Agent/Broker & Market Authority!

I keep them on the time line they signed up for

Feb 12, 2016 11:58 PM
Ambassador
3,981,932
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

I have a situation right now that the agent has drug his feet all week and I have called and texted and he says he will do it. On Monday I will call his broker to get help.

Feb 12, 2016 11:57 PM
Rainmaker
797,159
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate www.ChandlerRealEstate.weebly.com - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Tony and Suzanne - If I have to I will escalate to their broker.

Feb 15, 2016 12:03 PM
Rainmaker
4,431,972
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I do not call the broker. I call the agent several times a day . 

Feb 13, 2016 10:19 PM
Rainmaker
1,520,996
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

No. I set forth a calendar of deadlines and share it, stick to it and if there is a failure, then it is a breach.

Feb 13, 2016 09:52 PM
Rainmaker
3,238,750
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

In California we have a form that addresses this issue:  Notice to Buyer to Perform or Notice to Seller to Perform.  

Feb 13, 2016 09:17 PM
Rainmaker
3,164,953
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Nina Hollander said it as well as can be said!

Feb 13, 2016 08:41 PM
Rainmaker
1,157,264
FN LN
Toronto, ON

"Time is of the essence" is a legal matter.  If there are issues, legal counsel should be obtained.

Feb 13, 2016 02:49 PM
Ambassador
4,298,221
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Tony and Suzanne Marriott, Associate Brokers - it's a warning to them. And if it still persists, need to talk to the broker.

Feb 13, 2016 02:08 PM
Ambassador
3,673,422
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

Sometimes delays happen, whether I allow it or not.  And it's usually not the other agent's doing, but the lender or some other outside issue - title somethimes.

Feb 13, 2016 12:06 PM
Rainmaker
633,936
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Our standard contracts have deadlines specified; if a deadline is passed the contract is breached. I usually send a reminder a few days in advance if the matter isn't already handled.

Feb 13, 2016 10:23 AM
Ambassador
2,344,089
Fred Griffin presently on Leave of Absence
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  When a Buyer or Seller fails to meet a deadline, they are in breach of contract.  The show is over.  But you already know that.

   If an Agent is causing undue delay, call their Broker; let them know that a deal is about to die.  And of course the potential legal problems that may arise because one of the Parties failed to perform.  

Feb 13, 2016 08:12 AM
Rainmaker
3,977,611
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I give them a time limit and I do cancel out their offer if they drag their feet

Feb 13, 2016 07:05 AM
Rainmaker
3,063,664
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I push the other agent with lots of reminders.

 

Feb 13, 2016 02:34 AM
Ambassador
1,610,832
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

One thing I like about TRID is that it will weed this out. Now both the agent and the buyer are on notice.

Feb 13, 2016 02:07 AM
Rainmaker
983,928
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

A contract is not valid if the time expires. One needs to extend the contract with valid reason or find another buyer or seller.   

Feb 13, 2016 12:22 AM
Rainmaker
743,047
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Entertaining the idea you can control the action of others will lead to enduring frustration with yourself and others.

It is the vanity of mankind (us humans) to want to believe we can control all things. Such vanity creates conflicts with others and self. 

Will the world, life as you know it, end if that time is not met?

"allow," "essence," "escalate," propel one to confrontation, when other options exist.  I will choose other option, which could include a call to the broker to consider solutions that are beneficial.

Feb 13, 2016 12:16 AM
Ambassador
4,053,477
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Have not had any problems.

May 18, 2019 10:31 PM