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ever, from a buyer s perspective, this is obviously a most dangerous course to take Some buyers who have solid preapproval from a lender and/or have other sources of funds may use it as a technique to win the bidding in a multiple-offer situation However, if anything goes wrong and the buyer can t get sufficient funds to make the deal, the deposit could be lost And worse, the seller could sue for specific performance Removing the financing contingency is not to be taken lightly If you want to do it, be sure you first check with your attorney for the potential consequences Is there enough time allowed for me to get financing Time is the essence of real estate transactions They are not open ended, meaning that the deals won t wait forever Normally a limited amount of time is given, after the purchase agreement is signed, for you to get financing If you don t or can t get financing within that time limit, then the sellers may be within their rights to back out of the deal Chances are you ll get your deposit back, but you won t get the house Therefore, it s very important that there be enough time allowed for you to get your financing How much time is enough If you ve already gone to a reputable lender and that lender has preapproved you, meaning that they ve checked your credit, assets, and income and it has given you a letter telling you how much it will lend, then the time could be very short, perhaps as little as a week or less On the other hand, if you have to now start your search for a lender and get approval (including removing or explaining away any bad reports on your credit), it could take anywhere from 3 to 6 weeks or longer Typically most sellers in today s market are not willing to wait much longer than a month Some insist on closing within 2 to 3 weeks Therefore, it behooves you to get preapproval before making your purchase offer Is the time for acceptance of the offer short Every purchase agreement should have written into it the amount of time you give the sellers to accept your offer For example, you might give them a week, or a day, or an hour If they haven t accepted your offer exactly as you ve
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78 presented it within the time limit, then your offer is withdrawn As a practical matter, it s usually a good idea to give the sellers a very short time to accept, typically 1 day or less While this may seem counterintuitive, since you want the sellers to have time to seriously consider what you re proposing, it s actually a very strategic move Giving the sellers a short time to accept helps to prevent other offers from coming in and beating yours (All offers are supposed to be presented as they are made and not wait in line until preceding offers are accepted or rejected) Also, it forces the sellers to take action one way or another They must decide to accept or reject (or counter) your offer Give them enough time, and they just might sit on the fence and never make a decision A good rule of thumb is to make the time for acceptance reasonable, but short Will I get possession at the close of escrow The purchase agreement should specify when you ll get possession of the home Usually, the transfer of the property from the sellers to the buyer takes place at the close of escrow when the deal normally ends, but not always For example, you may want to move in sooner because of commitments at work, or because of your children s school starting date If the deal looks solid, you may be able to work out moving in a few days or weeks early with the sellers They will probably want you to sign a rental agreement and perhaps put up a (sometimes hefty) security deposit Sometimes repair work may be required as part of the transaction, and it won t be done by the time escrow closes In that case, you might still close and get possession a few days later, although for financial safety you may want to delay closing the escrow, if possible, until all repair work is completed and you can be given possession (See also 6) Do the sellers want a rent-back clause Sometimes the sellers don t want to give you possession of the property when escrow closes (See the previous question) Rather, they have their own reasons for staying on for a time For example, they don t want to move their children out of their local schools until the term is up, or they have a few more months of employment in the area,
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