A seller's request to postpone the date of delivery of the apartment can come for various reasons: delay in eviction, difficulty completing beyond another property, delay in the disposal of a mortgage or document that is missing from registration. Even if the request sounds reasonable, changing the date of delivery affects the payment schedule, the buyer's expenses and the balance point in the contract.
Before agreeing to a change, it is best to check the topic in the frameworkLegal support for real estate sales transactionsAnd in generalReal Estate and Real EstateIf the rejection is related to the last payment, you should also read the manual.Should the buyer be allowed to enter the apartment before the last payment?And the guide.What to do if buying an apartment late in payment.
Disagree with oral or general notice. First check what is determined in the contract, what is the reason for the delay, how long is requested, whether the last payment should be changed, and what compensation or safety will protect the buyer until actual delivery.
Sometimes, a brief rejection can be arranged in an orderly annex. In other cases, especially when the rejection is not limited in time or when the seller is already having trouble meeting other charges, one must be careful about consent that weakens the buyer's rights.
Rejection due to a technical delay of a few days is not the same as rejection due to the seller failing to vacate the apartment or failing to complete a material action with a bank, tax authority or the Land Registry. The more vague the reason for the postponement, the more important it is to demand written detail and to protect the buyer's rights.
If the seller asks for a postponement because it depends on another transaction, it is necessary to check whether the buyer is supposed to bear this risk. In most cases, the buyer should not give up the protection mechanisms in the contract simply because the seller has difficulty operating or financial difficulties.
If you decide to agree to a postponement, the consent should be a written appendix to the contract. The addendum should set a new delivery date, clarify that there is no waiver of claims or remedies that have not been explicitly written, and define what happens if the seller does not hand over the apartment even at the new date.
It is also worthwhile to include a reference to the last payment, the buyer's expenses, compensation for the rejection, responsibility for the property during the interim period, documents that will remain in trust and the way in which the actual handover of the possession will take place.
Usually the delivery date is related to the last payment. If the seller wishes to postpone a delivery, it is necessary to check whether it is correct to also postpone the last payment, leave a part of it loyally, or to determine another mechanism that protects the buyer from a situation in which he paid but did not receive possession.
It is not right to release the full amount of the proceeds just because the seller promises to deliver the apartment soon. If the apartment is not delivered, the buyer should remain a practical mechanism that ensures the delivery or compensates for the delay.
It is not advisable to agree to a deferment when there is no clear new date, when the reason for the postponement is not explained, when the seller has already breached further obligations, or when the buyer is asked to pay the full amount of the consideration without receiving appropriate possession or safety.
A short delay can also become a problem if it is worded too generally. Therefore, one must be careful of phrases such as ‘the parties will agree later’ or ‘the delivery will be postponed until the evacuation is complete’, without date, compensation and result in the event of further delay.
If the delivery date has already passed, it is important to record the delay, keep messages and correspondence, and send an orderly demand. The requirement should refer to the contractual date, the claimed breach, the damage caused or may be caused, and the action required of the seller.
At this point, it is not worth changing dates retroactively without understanding the consequences. Late and inaccurate consent may be construed as giving up some of the rights or accepting a situation that does not fit the original contract.
A common mistake is to agree to a rejection out of a desire to maintain good relations, without arranging compensation or safety. Another mistake is to pay the last payment before the apartment is actually delivered, even though the contract linked the payment to the delivery.
A third mistake is not to check the condition of the apartment during the interim period. If the seller stays in the apartment after the contractual deadline, it is necessary to define who is responsible for damages, ongoing payments and to maintain the condition of the property until delivery.
It is worthwhile to seek advice before signing any postponing addendum, especially if there is a significant amount left to pay, if the buyer has to move at a close time, if there is a mortgage or if the postponement is already causing financial damage.
The goal is not always to conduct a conflict. Sometimes it is correct to allow a brief and controlled postponement. But the consent should keep the buyer's defense mechanisms, set a clear date and prevent a situation where the postponement becomes an open commitment without compensation or safety.
An article provides a framework. A sound decision requires reviewing the facts, documents and specific risks before moving forward.
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