Legal Question in Real Estate Law in Illinois
I am trying to buy my first house. We have a signed purchase contract. The seller needed 30 days to get a renter out of the house he is moving into (he also owns). The renter is not cooperating. Therefore, the seller has asked to extend the closing date another 30 days. He says he will not sign closing papers if he does not have a place to move into. Is he violating the contract or does he have to sign?
2 Answers from Attorneys
If he doesn't sign on the closing date he is breaching the contract for sale unless you agree to the change. You can sign a rental agreement to cover the extra time he needs between the time you close and the time he moves out. He would pay you rent for the extra time he needs.
Unless there is a contingency allowing him to move into a house before he closes on the one you are buying, he is breaching the contract. Discuss the possible remedies with your attorney. And if someone told you that you did not need an attorney, you now see that person was wrong.
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