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Despite having sent in ALL of our required documents immediately upon request and being told that our file did not have any issues and should be able to move forward quickly (and should be able to close early), we are now being told there is no way they will be able to move up our closing date.
I was told we would need extenuating circumstances to get it moved up, but apparently the sellers leaving the country prior to our quoted closing date is not enough to move things forward.
In order to keep us from losing our earnest money by missing the agreed upon closing date in less than a week, we need to be able to give the sellers a new closing date and draw up an extension for it. However, I cannot get a guaranteed date from USAA to give the sellers.
Our contract is also set up so the sellers can't move out until we close, so we MUST close in enough time before they leave the country for them to vacate the house. We NEED to close by or before July 6 to give the seller at least 3 days on a leaseback to move out before they leave the country on July 10.
All of our items are in the file and most have been for quite some time, so there should be absolutely no reason this can't move forward. They will not budge on the closing date and there doesn't seem to be anything I can say or do for them to get us closed just a few days early so we don't lose our earnest money or risk not being able to close or move in until the sellers return to the country.

2 REPLIES

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Dear rob2384,

I have escalated your comments and situation to a mortgage specialist who should be in touch shortly. Thank you for taking the comment here and please keep up updated on your progress to closure.

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There is a workaround to allow the closing transaction to continue even if the sellers aren't in the country.  The sellers can sign a Power of Attorney for the real estate closing, ensuring that someone (who is in the country) can attend to this legal transaction in their stead.  [I'm assuming that it was an unforeseen emergency that is causing the sellers to vacate the country and coming perilously close to causing this legal transaction to fall through -- I would be frustrated greatly at the sellers, if this was occurring to me.]

 

Would it be possible for the sellers and you, the buyers, to draft an amendment to the contract revising the condition to allow the sellers to vacate prior to closing, but acknowledging that they may have some financial liability towards repair/replacement should conditions/contents of the house be altered during the period of vacancy?