Legal Question in Real Estate Law in New York
''on or about'' closing date
I need to push back the closing date on the sale of my home about 1 month. My attorney told me that I cannot and that I am likely to get sued by the buyer. I live in New York state and I believe the interpretation on an ''on or about'' date is thirty days eitherway. My attorney said that he never heard of this. He also advise that I begin to pay costs to the buyer such as his rent and his fee to extend his lock in rate on his mortgage. Can you advse?
3 Answers from Attorneys
Re: ''on or about'' closing date
Mr. Groezinger is correct - you need an attorney to review the contract and other relevant factors to get a good idea about when you are obligated to close. You are also correct - thirty days is generally regarded a reaosnable time within which to perform your obligation to purchase under a contract that does not specify a firm closing date.
Re: ''on or about'' closing date
Case law has interpreted on or about to be about 30 days. However, your situtation is complex and fact dependant enough that the rest of your question cannot be adequately answered in a bulletin board service.
Good Luck
RRG
Re: ''on or about'' closing date
A September 21, 2003 article in the New York Times discusses in fuller detail than can be offered in this space, the implications on closing date deadlines in the phrase "on or about" or alternatively "on or before" or the phrase "time is of the essence" (which means that closing date set forth is the exact closing date) in contracts for sale of a home. This New York Times article is by Jay Romano, and the title of the article is:
YOUR HOME; When Time Is a Factor in a Sale
The article can be downloaded (for a fee) from tghe New York Times' website, or can be downloaded without charge by doing the following AOL search:
"on or about" AND contract AND sale AND home AND "new york"