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Can a seller close on a property the last day of the contract without the presence of the buyer?

El Paso, TX |

Our church was purchasing a piece of property from another ministry, and the ending contract date was September 27th. However, the seller went to the title company on that day and closed on the property, while we waited on our bank to present the appraisal. The seller's realtor sent a text message to our realtor stating that the seller will close on the property sometime today, which was the 27th of September, not offer much detailed.

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Attorney answers 1


The seller can sign the deed and closing statement without the buyer present, but the transation isn't closed until the buyer signs the loan documents and the closing statment, and the loan funds. Until the loan funds, (unless the buyer has cash) the seller hasn't been paid and the sale has not been completed.

If the bank didn't have the appraisal yet, I suspect that they were not ready to fund the loan yet, and in any event they won't do so until the borrower signs the loan documents. Bottom line,' - it's not clear what happened on Sept 27, but I doubt it was a closing.

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