5,312,868
Not sure how to answer this question. When time is of the essence and a party does meet the time line, they are in breach of contract. A gentle reminder that a breach is about to occur generally suffices.
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Fred Griffin Florida R...
Tallahassee, FL
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Will Hamm
Aurora, CO
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Michael Setunsky
Woodbridge, VA
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Tony and Suzanne Marri...
Scottsdale, AZ
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Candice A. Donofrio
Fort Mohave, AZ
1,466,257
Tony and Suzanne Marriott, Associate Brokers An agent should not let a contract go beyond the contract deadlines without a sufficient time-line to cure the delay. Escalating it to their broker will do no good since the contract would be in default.
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Tony and Suzanne Marri...
Scottsdale, AZ
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Nina Hollander, Broker
Charlotte, NC
5,167,499
I stay in close contact, documenting conversations and using email and reminding the other side where we are in terms of timing. If necessary I would issue a Notice to Perform
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Tony and Suzanne Marri...
Scottsdale, AZ
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Michael Jacobs
Pasadena, CA
922,444
If you mean "time is of the essence" in a legal sense, then the agent causing the delay is putting his or her client in a very seriously dangerous situation. If it's your client who is at risk, they should understand what's involved and make sure the delay does not result in some kind of default on their part. You would also need to do whatever is necessary to move things along.
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Tony and Suzanne Marri...
Scottsdale, AZ
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Fred Griffin Florida R...
Tallahassee, FL
5,584,639
ditto to what Nina Hollander said.... no need to search out a broker.... just handle it...
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Tony and Suzanne Marri...
Scottsdale, AZ
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Nina Hollander, Broker
Charlotte, NC
679,140
If a delay causes a breach in a timeline a cure notice is sent in AZ to give them three days to solve the problem to the breached parties satifaction or you can cancel.
If it doesn't warrant a cure notice then it wasn't a breach as much as just it is an annoyance.
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Tony and Suzanne Marri...
Scottsdale, AZ
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Nina Hollander, Broker
Charlotte, NC
8,152,307
I would call the broker only when absolutely necessary.
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Tony and Suzanne Marri...
Scottsdale, AZ
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Nina Hollander, Broker
Charlotte, NC
3,074,389
We've seen deals (not ours) put at risk, or collapse, due to the failure on the part of one of the agents involved. As we indicated in the question, and as Annette Lawrence , Palm Harbor, FL 727-420-4041 and Debbie Reynolds mentioned, the agents broker is ultimately responsible, and therefore bringing them into the loop while there is still an opportunity for the broker to take corrective action is key.
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Nina Hollander, Broker
Charlotte, NC
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Tony and Suzanne Marri...
Scottsdale, AZ
4,273,331
I keep them on the time line they signed up for
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Nina Hollander, Broker
Charlotte, NC
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Tony and Suzanne Marri...
Scottsdale, AZ
3,988,138
I have a situation right now that the agent has drug his feet all week and I have called and texted and he says he will do it. On Monday I will call his broker to get help.
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Nina Hollander, Broker
Charlotte, NC
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Tony and Suzanne Marri...
Scottsdale, AZ
979,796
Tony and Suzanne - If I have to I will escalate to their broker.
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Tony and Suzanne Marri...
Scottsdale, AZ
4,434,227
I do not call the broker. I call the agent several times a day .
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Tony and Suzanne Marri...
Scottsdale, AZ
1,751,837
No. I set forth a calendar of deadlines and share it, stick to it and if there is a failure, then it is a breach.
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Tony and Suzanne Marri...
Scottsdale, AZ
4,738,522
In California we have a form that addresses this issue: Notice to Buyer to Perform or Notice to Seller to Perform.
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Tony and Suzanne Marri...
Scottsdale, AZ
5,483,933
Nina Hollander said it as well as can be said!
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Tony and Suzanne Marri...
Scottsdale, AZ
1,157,841
"Time is of the essence" is a legal matter. If there are issues, legal counsel should be obtained.
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Tony and Suzanne Marri...
Scottsdale, AZ
4,322,035
Tony and Suzanne Marriott, Associate Brokers - it's a warning to them. And if it still persists, need to talk to the broker.
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Tony and Suzanne Marri...
Scottsdale, AZ
3,763,935
Sometimes delays happen, whether I allow it or not. And it's usually not the other agent's doing, but the lender or some other outside issue - title somethimes.
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Tony and Suzanne Marri...
Scottsdale, AZ
634,582
Our standard contracts have deadlines specified; if a deadline is passed the contract is breached. I usually send a reminder a few days in advance if the matter isn't already handled.
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Tony and Suzanne Marri...
Scottsdale, AZ
2,708,203
When a Buyer or Seller fails to meet a deadline, they are in breach of contract. The show is over. But you already know that.
If an Agent is causing undue delay, call their Broker; let them know that a deal is about to die. And of course the potential legal problems that may arise because one of the Parties failed to perform.
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Tony and Suzanne Marri...
Scottsdale, AZ
3,986,473
I give them a time limit and I do cancel out their offer if they drag their feet
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Tony and Suzanne Marri...
Scottsdale, AZ
5,200,988
I push the other agent with lots of reminders.
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Tony and Suzanne Marri...
Scottsdale, AZ
1,713,581
One thing I like about TRID is that it will weed this out. Now both the agent and the buyer are on notice.
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Tony and Suzanne Marri...
Scottsdale, AZ
1,262,452
A contract is not valid if the time expires. One needs to extend the contract with valid reason or find another buyer or seller.
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Tony and Suzanne Marri...
Scottsdale, AZ
921,504
Entertaining the idea you can control the action of others will lead to enduring frustration with yourself and others.
It is the vanity of mankind (us humans) to want to believe we can control all things. Such vanity creates conflicts with others and self.
Will the world, life as you know it, end if that time is not met?
"allow," "essence," "escalate," propel one to confrontation, when other options exist. I will choose other option, which could include a call to the broker to consider solutions that are beneficial.
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Tony and Suzanne Marri...
Scottsdale, AZ
6,687,948