In a residential real estate transaction, if the loan will not close on the date listed in the sales contract between the buyer and the seller, does the sales contract require an extension?

Whether an extension is required depends on the language in the sales contract. For example, the Residential Real Estate Contract form used by the National Association of Realtors provides that the closing shall be on the specified date or “at such time as mutually agreed upon, by the Parties, in writing.” Such language requires a written amendment to the sales contract in order to extend the closing date. Other sales agreements may use language that does not require a written amendment.

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