People who are selling their home in order to buy another
frequently put a "coinciding settlements" clause into their
contract offer on the new home. The purpose of this is usually
twofold. In this article, we discuss the first purpose which is
to use funds from the old home to pay for the new one.
How Coinciding Settlements Work
A coinciding settlement clause usually says something along the
lines of "settlement under this contract is contingent upon the
settlement of the contract for the sale of the Purchaser's
property located at 1234 Spring Valley Drive..." It typically
goes on to state the maximum number of days this settlement can
be delayed by delays on the other settlement. It also usually
says what will happen if the other contract becomes void.
(Usually "this" contracts becomes void, too, but that doesn't
have to be the case if there's another source of funds.)
The settlements don't literally happen at the same time as the
name implies. They can be back-to-back in the same office. They
can be a day (or even days) apart in offices in different
states. Very often it's necessary for the settlement agent for
the first settlement to wire transfer funds directly to the
banking account of the settlement agent for the second
settlement. This is usually a smooth, seamless procedure.
A Word to the Wise Seller
Coinciding settlements usually work well for the purpose of
providing funds as outlined above. The one problem that crops up
from time to time occurs when the first sale falls apart for
some reason. The most frequent reason the first sale falls apart
(when it does) is that the buyer is unable to get his loan.
Because of this, some sellers insist that coinciding settlement
clauses include langauge giving them permission to check with
the lender for the first buyer. Making sure the first buyer is
qualified for the necessary loan is good business. Don't feel
awkward about it.
Coinciding settlement is a common fact in the current real
estate market. Use the above technique to avoid problems with
your real estate transactions.
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Article: Coinciding Settlements Clauses - Funding Issues Author: Raynor James Publication Date: 2008-01-27 Total Views: 259 Word Count: 319 Category:Home /
Real Estate / Selling