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Settlement Standstills: Understanding Delays and Legal Implications

July 3, 2024

Settlement delays can be frustrating for buyers and sellers alike. Understanding the legal and financial consequences of these delays is essential to navigating the process smoothly. At Rothschild Group, we provide expert legal guidance to help you manage settlement issues effectively.

Common Causes of Settlement Delays

1. Buyer Delays: Penalty Interest Applies

  • If a buyer fails to complete settlement on time, they may be required to pay penalty interest on the outstanding balance.
  • The General Conditions of the contract set the applicable interest rate, which accrues daily until settlement is finalized.

2. Seller Delays: Compensation for Buyers

  • When a seller fails to meet the agreed settlement date, they may be required to compensate the buyer.
  • If the delay extends beyond three business days, the buyer may be entitled to daily compensation as outlined in the contract’s General Conditions.

3. How to Handle Settlement Disputes

  • If a stalemate occurs, buyers and sellers should seek immediate legal or settlement advice.
  • Working with a qualified settlement agent or property lawyer can help resolve disputes efficiently.
  • Negotiations or extensions may be possible, but formal agreements should always be in writing.

Avoiding Settlement Issues

  • Buyers should ensure financing is secured well in advance of settlement.
  • Sellers must complete all required documentation and property handover requirements on time.
  • Both parties should maintain clear communication with their legal representatives throughout the process.

Expert Legal Assistance for Property Settlements

At Rothschild Group, we specialize in resolving settlement delays and disputes, ensuring that property transactions proceed smoothly and efficiently.

Facing a settlement delay? Contact Rothschild Group today for expert legal support.

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