Building a home and builder can’t give guarantee we will close on the day they set

UPDATED: Oct 1, 2022

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Building a home and builder can’t give guarantee we will close on the day they set

The home we were building, the builder agent and mortgage company are one, they gave us the closing date of September 28. We expressed our concerns about the day but they were unwilling to adjust even by a day. Now they cannot guarantee us that we will be able to close on September 28. We will be homeless officially as of September 30. What are our rights and legal action we can take if needed?

Asked on September 15, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the closing date is in the contract, then their failure to close on time would be a breach of contract which would potentially make them liable for responsible for any costs their failure causes you--such as the cost of a hotel room, storage costs for your belongings, etc. Unfortunately, if they will not volunatarily reimburse you for these costs, you would have to sue them for "breach of contract" for the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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