Tuesday, March 4, 2014

Conducting A Real Estate Transaction Through A Dry Closing Arrangement

By Matt Baumberger


In the real estate sector, there exists several ways of finalizing a sales agreement. The most intriguing one is dry closing as it happens when the buyer does not avail the agreed money on conclusion of the transaction. In the past, it was perceived as strange but today it is widely accepted.

It is the same as the other transaction methods where documents act as prove of mutual agreements sealed with both parties signatures. These documents usually carry legal responsibilities to the buyer and sellers. Since no money is transferred, the seller can exercise personal discretion on whether to hand over ownership to the purchaser.

On most occasions, the reason behind the delay in release of funds is caused by the lender. This is because sometimes they insist on reviewing all the signed paperwork before authorizing release of funds. This can usually take a few hours to few weeks depending on the deals complexity.

The finances also delay when there is need for the owner to reach out to the financier for vital information concerning the money. This always occurs when the buyer has access to institutional funding like the government. If the seller finds the whole setup to be convenient then the whole transaction can be sanctioned for completion and the money received later.

This closing arrangement is also caused by other random factors. For example, a buyer might delay in providing the required documents in a timely fashion thus disrupting the mortgage process. In other instances, the payoff on the purchaser's mortgage cannot be obtained in the required time.

It is imperative to inform all parties at an earlier stage when conditions arise for this kind of closing. This prepares every person to come up with possible solutions to alleviate it. In most cases, the parties' legal representatives decide on forming an escrow setup that will see the deal through. They select this option in cases where the money is likely to be availed soon.

On few occasions, the lawyers advise their client on not formalizing the whole deal until the funds are received. This is done in order to avoid legal tussles of trying to reclaim full ownership of already transferred property titles. This is initially caused by the financiers reneging on their assurances to provide the money.

Today, this way of conducting a transaction is not taken as an indicator of the funding being unavailable. It also does not imply that the purchaser is not interested in the purchase. The delay in funds is usually a small glitch that can be handled.




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