Help! My Real Estate Closing Is Going Off the Rails — What Do I Do?
- Phoenix S. Ayotte, Esq.
- Jun 12
- 6 min read
Updated: Jun 13
Real estate closings are supposed to mark the exciting finish line of a long buying or selling process. You've negotiated the deal, signed the contract, and made it to the final stretch. But suddenly, everything starts to fall apart — missed deadlines, surprise issues, miscommunication, and rising stress levels. If your real estate closing feels like it's going off the rails, you're not alone.
At Future Counsel, we regularly guide clients through everyday and high-stakes real estate transactions in DC, Maryland, and Virginia. If your deal is spiraling, don’t panic. Here’s what you need to know — and what you can do — when your real estate closing starts to unravel.
What Does It Mean When a Closing Is “Going Off the Rails”?
Unexpected complications, delays, or breakdowns that threaten the deal? This could happen days before closing — or even on the day itself. The situation may involve legal issues, title defects, financing problems, appraisal discrepancies, inspection surprises, or communication failures between parties.
Some common warning signs include:
The buyer’s financing is delayed or denied
Title search reveals unexpected liens or ownership disputes
The seller can’t meet agreed-upon repair deadlines
A last-minute discovery creates doubt about property condition
The closing disclosure is inaccurate or incomplete
Parties start arguing over terms that were supposedly settled
If any of this sounds familiar, here’s your action plan.
Step 1: Stay Calm and Document Everything
Take a breath- the professionals you are working with are well-equipped to handle whatever is arising, and if they are experienced, they likely have handled it in the past. Real estate closings involve many moving parts, and it’s not unusual for last-minute issues to arise. What matters most is how quickly and effectively you respond.
Because we see a high volume of transactions, we know that it's all going to work out. For you, one of the biggest transactions of your life (not to mention packing, moving, all around work and family schedules!) it's understandably extremely stressful.
Documentation is the most important thing in ANY dispute:
Save all emails, texts, and documents
Take notes during phone calls or meetings
Request updated timelines or explanations in writing
This helps your legal or real estate professionals advocate more effectively on your behalf.
Step 2: Communicate with Your Real Estate Agent and Attorney
You have to collaborate. Reach out to your real estate agent and your closing attorney (or title company) to understand what’s causing the holdup and whether it can be resolved without derailing the deal.
Your team should:
Clarify who is responsible for fixing the issue
Determine whether a contract deadline can be extended (spoiler, it almost always can unless a rate lock from the lender is in play)
Help you assess if the issue is minor or a dealbreaker (it's rarely a dealbreaker)
If you don’t already have an attorney involved, this is the time to bring one in. Real estate agents can only go so far — they cannot provide legal advice or draft new terms. An attorney can step in to negotiate solutions, protect your interests, and handle formal communications with the other party’s lawyer or agent.
Step 3: Review the Contract for Options and Remedies
Your purchase agreement should include provisions for potential disruptions. That's why realtors are encouraged to use the "standard" contracts in each jurisdiction- committees of lawyers and professionals meet annually to analyze and if necessary, update the standard contracts provided to Realtor Associations, to ensure common legal issues are anticipated and pre-empted. If you are using a non-standard contract, you are setting yourself up for problems if there is a dispute (and we have seen this many times before.) Common clauses include:
Financing contingencies: If the buyer’s loan falls through, they may have a legal right to walk away without penalty.
Inspection contingencies: If major repairs are needed, the buyer might renegotiate or exit the contract.
Title contingencies: If title defects can’t be cleared, the contract may allow cancellation.
Force majeure clauses: In rare cases, acts of God or government delays might legally excuse performance.
Have your attorney walk through the contract with you, point by point. You may have more leverage than you think. In some cases, an extension can be negotiated; in others, you may be entitled to damages or the release of earnest money.
Step 4: Understand Your Options — Renegotiate, Postpone, or Terminate
Once you know where things stand contractually, decide what outcome you want. Do you still want to close on this property? Or are you ready to walk away?
Here are your core options:
Renegotiate: If a repair wasn't made or an issue emerged late, both parties may agree to a credit or change in terms.
Postpone closing: If a small issue is causing a delay (like a document that wasn’t received in time), your attorney can prepare an addendum to extend the closing date. Importantly, the party who is responsible for the delay usually has to pay the other party.
Terminate the contract: If the issue can’t be resolved and your contract allows for termination, you may be able to back out without penalty — or recover damages if the other party is at fault.
Sometimes it’s better to walk away and preserve your financial well-being than to force a deal that’s no longer right for you.
Step 5: Learn from the Experience
Even if your closing ultimately succeeds, a rocky experience offers lessons that can help you (or others) in the future. Here are some key takeaways to keep in mind:
Hire professionals early: Involve a real estate attorney at the contract stage, not just when problems arise.
Insist on clarity: Don’t rely on assumptions — get all promises, agreements, and contingencies in writing.
Ask for timelines: Know key dates for financing, inspections, and disclosures. Follow up proactively.
Don’t wait to address red flags: If something feels off, bring it up. Problems rarely fix themselves.
Buying or selling property is a major life decision. The more prepared and informed you are, the better your odds of a smooth and successful outcome.
When to Involve a Real Estate Attorney
Many people don’t realize that real estate attorneys aren’t just for lawsuits — they can play a crucial role in preventing deals from falling apart. At Future Counsel, we assist buyers, sellers, investors, and agents with:
Drafting and reviewing purchase agreements, leases, and commercial contracts
Identifying and addressing title issues
Negotiating addenda, extensions, and seller credits
Explaining rights, responsibilities, and risks
Protecting earnest money and enforcing contract remedies
Processing and closing ratified contract transactions in partnership with Equity Title and Escrow
If your real estate closing is headed off track, involving legal counsel early can often mean the difference between saving the deal and suffering financial loss.
What Atty. Phoenix Can Do to Get Your Closing Back on Track
Real estate closings can go off course for many reasons, but that doesn’t mean the deal is doomed. With the steady guidance of an experienced attorney, last-minute issues can often be corrected, renegotiated, or navigated in a way that safeguards your interests and keeps the process moving.
Atty. Phoenix S. Ayotte brings years of legal experience and strategic insight to real estate transactions throughout DC, Maryland, and Virginia. Whether you’re facing title issues, contract disputes, financing delays, or unexpected repairs, she provides clear solutions and fast action to stabilize the deal or help you exit with minimal risk.
If your closing is on shaky ground, don’t wait. Reach out to Future Counsel for direct, reliable support to help get your transaction back on track.
Need Expert Guidance?
If you’re in Virginia, Maryland, or Washington, D.C. (DMV) and your real estate closing is going off track, Phoenix S. Ayotte, Esq. of Future Counsel is here to help! We don’t just review contracts—we step in to resolve title issues, fix deal delays, and protect your interests when problems arise. Whether you're salvaging a current transaction or preparing for the next, we’ll guide you through every step with clarity and confidence.
