Can a change in the escrow date be done without both parties consent?

UPDATED: Oct 18, 2011

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Can a change in the escrow date be done without both parties consent?

We have an offer on a condo. The contract says closing date of the 20th. We were contacted by our real state agent saying that the closing date was moved to the 19th at 12:00 because the 20th and 21st are religious holidays for them. Can they make this change and dictate unilaterally the date and time of closing, when in the contract it says the 20th? What are the laws in this regards to this?

Asked on October 18, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the parties agree in their contract that the closing date for the sale of the parcel of proeprty is slated to be a certain date and the parties (buyer and seller) agree that the date to close is the agreed upon date to close escrow, the escrow company cannot unilaterally change the date of the agreed upon close because that date conflicts with some religious holiday it wishes to observe.

If the escrow company is attempting to change the date of close unilaterally because of its whims, that is improper. You should contact your state's department or real estate about this turn of events and report the escrow company.

Good luck.

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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