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Maximizing Delayed Closing Compensation in Pre-Construction Agreements

Understanding the Significance of Delayed Closing Compensation

In the realm of pre-construction agreements, one aspect that demands utmost attention is delayed closing compensation. This warranty stands as a pivotal reassurance, addressing the inconveniences caused when a builder falls short of closing as initially planned on the firm occupancy or closing date. Let’s delve into the nuances of this crucial element that ensures fairness in the contractual relationship between builders and buyers.

Unveiling the Essence of Delayed Closing Compensation

At the heart of this compensation lies a daily rate of $150 for every day of delay, coupled with potential additional expenses borne by the buyer, capped at a maximum of $7500. The builder’s commitment to meeting the initial tentative occupancy or closing date is established when the agreement of purchase and sale is inked. While the builder retains the flexibility to extend this date multiple times, a firm occupancy or closing date must eventually be solidified.

Circumstances Triggering Compensation Obligations

Builders find themselves obligated to compensate for delayed closing under the following circumstances:

  1. Postponed Closing/Occupancy: Occurs after the firm occupancy or closing date without mutual agreement or unavoidable delay.

  2. Buyer’s Right to Terminate: When the buyer exercises their right to terminate the purchase contract due to delays.

  3. Failure to Provide Timely Notice: When the builder neglects to provide notice of the delay at least 10 days before the firm occupancy or closing date. In such cases, compensation is applicable for the delay period and the preceding 10 days.

Navigating the Claim Process

Filing a claim for delayed closing compensation is a straightforward process. It should be initiated with the builder within 180 days of the occupancy or closing date, along with comprehensive documentation, especially for expenses surpassing the $150 daily limit. If a resolution cannot be reached with the builder, a claim must be submitted within one year after occupancy or closing.

The Role of Agreement Amendments

In the course of negotiations between buyers and builders, amendments to the agreement may arise, possibly involving the addition of a new purchaser. Buyers must exercise caution, as these amendments might harbor clauses that could jeopardize eligibility for delayed closing compensation. 

Conclusion: Empowering Buyers for Informed Decisions

In conclusion, vigilance is key for buyers. Paying close attention to notices from the builder and maintaining a well-organized record of them aids in determining the applicability of delayed closing compensation. Moreover, seeking legal counsel to review amendments to the agreement of purchase and sale is a prudent step. For any queries regarding entitlement to delayed closing compensation or other warranties under the purchase agreement, our experienced Real Estate team is ready to assist. Make informed decisions to safeguard your interests in the intricate landscape of pre-construction agreements.