30 day adjournment of closing date
Started by Yentle
over 9 years ago
Posts: 52
Member since: Jan 2015
Discussion about
New to the NY real estate scene.... I'm told that the closing date specified in a contract to purchase is subject to a 30 day adjournment rule under NY law. How big of a headache is this as a practical matter? How do people in NY ever schedule movers, etc. if you don't know what your actual closing date is until the eleventh hour? Advice?
That IS a problem. You get a mover to bid out the job. You only have to give them 1 to 2 weeks notice for the actual move. If there are mortgages involved when you actually do the closing, the banks ask for a week to recheck your latest financial statement. The brokers. lawyers, bank, and title company are all represented at the closing. It gets tricky to schedule all these people for the closing. That's why you get a month leeway.
How is that different than closing outside of NY? Is this a closed system to protect fees for all those represented? In other places, brokers, lawyers, banks and title companies don't all need to be represented at the closing -- paperwork is taken care of ahead of time and the closing date is the closing date? So what's the story here?? Doesn't this just create an endless domino of timing issues with multiple transactions linked together with no firm dates?
It is prudent to make arrangements (as buyer) to lease the "extra month" from expected closing date at your current address. Obviously this is easier when going from a rental to ownership. This is what i did. As the date approached and all ducks were in a row, I slowed the closing process where I was stuck with the "extra apt" for only 2 weeks. I just saw the extra month's rent as part of my transaction cost, a small cost in the grand scheme and afforded me great peace of mind for my move. THis is obviously much trickier going from ownership to ownership but whatever the situation, it is near impossible to close a selling location and a buying location in a 24 hour period and satisfy your selling bank and buying bank. Whatever arrangement your specific transaction is, you just have to assume the 30 day float period and plan your transaction(s) with it accounted for.
If your the seller, you likely already have at least temporary living arrangements as you showed your empty apt for 30 days. Same principal, plan an extra 30 days for your situation.
In my (fairly limited) experience, the holdup is usually a schedule conflict for the lawyers, who are not required for transactions in other parts of the country. I had a very limited window in which to close due to a trip overseas, so I insisted on the initial closing date, and my lawyer was able to adjust her other appointments. It's certainly worth a try to get everyone to commit to the date specified in the contract.
This is tragic