Is a 10 day written confirmation for settlement from a builder a binding agreement?

UPDATED: Oct 1, 2022

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Is a 10 day written confirmation for settlement from a builder a binding agreement?

We have received 4 closing dates and 2 written confirmations from our builder within the last 60 days. They will possibly miss this upcoming closing date again, being they still have not installed garage door, appliances, preformed inspections and completed a final walk through.. We have made arrangements to move being closing will be within 2 days.

Asked on May 28, 2019 under Real Estate Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While we can't say 100% not having seen or reviewed these documents, generally, they would be binding. If you incur losses or costs (e.g. having to stay in a hotel or rent someplace to live; having to store your belongings; etc.) due to them not being able to close when agreed, if they do not voluntarily compensate you (e.g. give you credits or free upgrades) for this, you could sue them for compenation.

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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