Will my closing occur on the closing date in the contract?
Probably, and if not, likely very close to that date. While all parties strive to conduct the closing on the date printed in the contract for sale, there are several factors that come into play; home inspections, mortgage contingencies, title searches and issues revealed, and more. Additionally, the closing date in the contract is not typically deemed an 'essential' term. That being said, closing dates within a contract are target dates, and parties to the contract along with their lawyers and lenders, work hard to accomplish that date and typically are able to do so.
What does a “title search” normally include?
When representing a buyer, lawyers will usually order a title search to obtain important information concerning the property. This includes anything that may effect title to the property, such as: liens and encumbrances on the property; status of property tax/water/sewer payments; flood map search; prior chain of title (prior deeds); judgment search on current and prior owners of the property; and more. When a title search is completed, the title insurance company that will prospectively insure your property’s title will issue a title “binder.” This will will include the exceptions to coverage and other title issues that may need to be resolved prior the insurer issuing the policy.
What happens if a seller will not make repairs that I deem necessary?
Buyers typically conduct a home inspection after the attorney-review period ends. The purpose of a home inspection is to review the structural integrity and elements of the home, as well as test the functionality of its servicing units (HVAC, septic, kitchen appliances, hot water heater, and the like). Should defects be found during a home inspection that are material to and adversely affect the use and occupancy of the home, these issues are typically presented to the seller’s attorney along with a request to repair the deficiency. Should a buyer and seller not agree on the need or method of repair, parties may be able to cancel the contract for sale if the contract and the attorney-review letters and/or riders permit such cancellation. It is important to note that cosmetic issues found during a home inspection are typically not grounds to cancel a contract.