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Ask Aaron! Your Questions on Florida Business Law Answered

What If My Commercial Real Estate Closing Is Falling Apart?

Posted by Aaron R. Resnick | Aug 08, 2026 | 0 Comments

The closing date is near, money is committed, and one part of the deal is no longer working.

Short Answer

Read the contract and closing timeline before sending another email. Identify the missed condition, required notice, cure right, deposit rule, financing or title issue, and exact closing deadline. Determine whether your side has performed or can perform. Preserve lender, title, inspection, escrow, and negotiation records. The choices may include curing the problem, extending the closing, restructuring the deal, terminating under the contract, demanding the deposit, seeking damages, or pursuing specific performance. The right move depends on the written deal and the relief that still has practical value.

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When This Becomes Urgent

  • A notice, cure, financing, due diligence, deposit, or closing deadline expires now.
  • The deposit may be released or claimed by the other side.
  • A replacement buyer, lender, tenant, or investor is changing the available remedy.

What Usually Goes Wrong

  • Agreeing to an informal extension without documenting all affected deadlines.
  • Declaring default before confirming your own performance and notice compliance.
  • Focusing on who is wrong while ignoring whether the deal can still be saved.

Why Miami Experience Matters

Miami commercial closings often involve layered entities, foreign investors, condo issues, development approvals, construction schedules, and lender conditions. A local real estate litigator can read the contract against the actual closing machinery and coordinate with title, escrow, lenders, and brokers before a legal position accidentally kills a salvageable deal.

What to Have Ready

  • The purchase agreement, amendments, riders, and escrow instructions.
  • A calendar of deposits, contingencies, notices, cure periods, and closing dates.
  • Title commitment, survey, zoning, inspection, and due diligence materials.
  • Lender, investor, broker, title, and escrow communications.
  • Proof of your side's performance and available funds.

What Typically Happens Next

Counsel identifies the live deadlines, default provisions, conditions, remedies, and evidence of performance. The next step may be a cure notice, extension, escrow instruction, demand, termination, mediation, or emergency filing. The strategy should decide first whether the client wants the property, the deposit, damages, or a clean exit.

Related Questions and Reading

Disclaimer

This is general information, not legal advice. Viewing this page or contacting the firm does not create an attorney client relationship. Deadlines can be short. If your matter is time sensitive, call the office at 305-672-7495.

About the Author

Aaron R. Resnick
Aaron R. Resnick

Aaron Resnick, a graduate of Leadership Miami, is a leader in the Miami's legal and cultural arts...

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