Legal Question in Real Estate Law in Illinois

My Realtor failed to tell me that the buyers funds had not come through and that the escrow money had been frozen, two days before closing. I moved out of my home with three kids and wife prior to this and she set up the closing and siad the money would be there.. Do I have any recourse aganist the realor or buyer?


Asked on 7/09/11, 12:42 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Your purchase agreement should have language concerning defaults by the buyer. You may have some recourse depending on the wording. Sometimes lender approval does not take place until the very last minute. Sometimes closings fall through at the closing table even if funds were approved. Although the realtor probably could have done a better job of explaining things to you, I doubt that there is recourse. Most people do not move until closng is completed unless they do not need the funds for the purchase of their next home. In fact, in my 30 years of handling real estate matters, I can only think of one time when the seller moved out before closing absent a job transfer. You certainly can discuss the situation with the realtor and perhaps an accomodation can be made. Did you discuss this with the lawyer handling the closing?

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Answered on 7/09/11, 4:28 am


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