How was the extension created? In email or as a formal addendum to the contract, or something else? Was there a time limit on the extension?

The extension was done by text, that's all. The only condition given was that the utilities be transferred, which was done. I told the agent we would move as soon as possible, but gave no firm date and was given none.

Ok, that's sorta my line of thinking, only flimsy ground all around.

Probably, the original contract has a provision regarding what the recourse is if the original closing date is not met. Most states do not consider the closing a "Time Is Of The Essence Date: In other words, it is not a drop dead date, as long as the delaying party can show that they are dutifully moving towards the closing. Here in NC, the delaying party has a two week extension where the other party must honor the contract. Read your contract.

In regards to the extension... If you agreed to an extension, but never agreed on a timeframe, then I would believe that the sellers would have a right to cancel at any time. Poor foresight from your agent not to include a date and to not use appropriate forms for the extension, which would have spelled all of the details out.

Does it make a difference that you're switching from an all cash offer to now a sale requiring a loan?

If you agreed to an extension, but never agreed on a timeframe, then I would believe that the sellers would have a right to cancel at any time.

While I already said I am not sure about this one, I don't think the extension (if deemed legitimate) will be cancelable at any time. First, when terms are missing courts generally favor the taker of the terms and not the party who made the terms. Next when terms are missing the courts generally apply the reasonableness test, if a 30 day extension is reasonable then you should be able to take 30 days. Finally, you can argue a good faith breach, four days is obviously not enough time so they didn't enter the agreement to give you more time with the intention of allowing you more time. Actually, the more I think about it, the more convinced I become that you will prevail.

It is important to remember, that the sellers didn't simply say yes, they demanded consideration from you for saying yes. At that point you entered into a contract, had they simply said yes they would have more power to change their minds.

Edit: I am not even sure you are on flimsy ground. This looks like something that would fall under the partial performance exception to the signature requirement, not to mention that even letterhead has been deemed sufficiently identifiable to constitute a signature, I think a unique text might also apply.

You changed the original contract. The only thing you have now is that they agreed to give an extention in text. The contract is all that matters. From what I read, you breached the contract going from a cash deal to a financed deal.

Thank you all, the deal is going through, one call from an attorney did it. And also, sorry I wasn't clear the house sale was still for cash, her grandfather got a personal loan, so she will pay him back, he's essentially holding her mortgage.

So, how long did you all agree that the extension would be? Don't tell me that the agent still let this important detail out of the agreement.

I am offering the following as information rather than rebuttal, so please accept it in the spirit it is meant.

The only thing you have now is that they agreed to give an extension in text. The contract is all that matters. From what I read, you breached the contract going from a cash deal to a financed deal.

A contract is (1) an offer and (2) acceptance for (3) an exchange of consideration (value) by (4) competent individuals that creates a (5) mutuality of obligation.

In other words, a text message saying I will give you an extension if you pay my utility bills during that period is absolutely a written contract, it meets all 5 requirements.

The catch is that real estate contracts must meet the statute of frauds requirement that they contain a legal signature. However, in the law a legal signature is more than simply a written signature, emails are considered a legal signature, so is letterhead containing your name. While I am not sure the courts have tackled text messages, it certainly isn't a huge leap to think it would count.

Additionally, there is a partial performance exception to the written requirement. If I tell you that I will sell you my house if you do certain things, and those things have some (any) benefit to me, and I accept that benefit, then that typically nullifies the written and signature requirement. My acceptance of the benefit is acknowledgment of the contract's existence.