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Don't Get Caught Holding a Conditional Loan Approval at Closing
With rising interest rates and more stringent lending standards for both residential and commercial properties, security deposit disputes caused by buyers' inability to satisfy pre-closing purchase-financing conditions are also increasing.
A typical real estate contract provides a 30-day period from the contract's signing for the buyer to obtain purchase financing. The contract often specifies basic loan terms that the buyer will seek to obtain from a lender, including: the loan amount, whether the loan is conventional or otherwise, the interest rate and whether the interest rate is fixed or variable.
During the loan approval period, the buyer is usually required to exercise good faith in obtaining a loan on the terms set forth in the purchase contract. If the buyer cannot obtain a loan during the loan approval period, despite the buyer's good-faith efforts, the buyer may provide written notice to the seller of the contract's termination prior to the expiration of the loan approval period. Otherwise, the financing contingency disappears, and the buyer will be required to close, regardless of the availability of financing, or risk losing the deposit.
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