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I'm in contract for my home, the buyer has removed all contingencies. For various reasons, I wish to close by the agreed date, or cancel the contract. I understand that even if the close-of-escrow date passes without the buyer and lender taking all necessary steps, that the contract is still not cancelled.

A Demand for Close of Escrow (DCE) form can be filed up to 3 days in advance of closing date. Is it reasonable to file this form in advance? Does it also need to be accompanied by a Notice of Buyer to Perform?

  • This is a legal question - not a personal finance one. – Jesse Feb 29 '16 at 15:06
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This is part of the purchase contract, and you should talk to your realtor and/or attorney about what the specific conditions that are in your contract.

My experience in Northern California (which may be different from Southern as there are two different "boiler plate" contracts used in these areas) is that you indeed have to file a notice to perform and wait for the specified period to give the buyer a chance to remedy. I.e.: if the buyer doesn't close on the agreed date, you cannot just cancel the contract. How long to wait is spelled out in the contract.

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