What Can Delay a Closing for Home Sellers in New York?

You've signed the contract, the buyer has their mortgage commitment, and you've already scheduled the movers. Then closing day arrives — and nothing happens. Delays are one of the most frustrating aspects of selling a home, and they are common.

Delays Caused by the Buyer

Mortgage and Financing Issues. The most common source of closing delays is the buyer's financing. Even after a buyer receives a mortgage commitment letter, the loan can still fall apart or be delayed. Underwriters may request additional documentation, the appraisal may come in below the purchase price, or interest rate changes may affect the buyer's qualification.

Last-Minute Buyer Issues. Changes in a buyer's financial situation between contract and closing — a job change, a new debt, a missed payment — can affect their mortgage approval. Lenders re-verify employment and creditworthiness shortly before closing.

Delays Caused by Title Issues

Open Liens or Judgments Against the Seller. A title search will uncover any liens on the property — unpaid taxes, mechanic's liens from contractors who weren't paid, outstanding court judgments. All of these must be resolved before title can be conveyed.

Estate or Ownership Issues. If the property was inherited or is owned by multiple parties, title can be complicated. Missing heirs, improperly probated wills, or an ownership interest held by someone who has since passed away can all cloud title and delay a closing.

Survey Problems. A survey showing encroachments — a fence, driveway, or structure that crosses a property line — can create a title problem that needs to be resolved before the lender will fund the loan.

Delays Caused by Open Permits and Violations

DOB Open Permits. If a permit was pulled for renovation work and never closed out with a final inspection, it shows up as an open permit. Open permits can block the transfer of clear title. Sellers are often unaware that a permit was never properly closed — work done by prior owners can leave open permits on record for years.

ECB Violations. Environmental Control Board violations with unpaid fines become liens on the property. These must be resolved before closing.

DOB Violations. Violations for work done without permits, or for failing to correct unsafe conditions, can affect the sale. A buyer's lender will typically refuse to fund a loan if there are unresolved DOB violations.

For a deeper look, see: Open Permits and Violations: How They Affect Your Staten Island Home Sale

Delays Caused by the Seller's Attorney

An inexperienced or unresponsive seller's attorney is a significant but underappreciated cause of delays. If the attorney takes too long to draft the contract or fails to respond promptly, it costs everyone time and money. When selecting your attorney, responsiveness matters as much as experience.

Delays Caused by Moving and Occupancy Issues

If the seller hasn't moved out, or if there are tenants in the property who haven't vacated, the closing can be delayed or complicated significantly. Make sure your moving timeline is realistic and that any tenants are properly notified and out of the property well before closing.

What You Can Do to Avoid Delays

• Order a title search early — your attorney can request a preliminary title report before closing
• Check for open permits and violations at the NYC DOB website before you list
• Pay off any outstanding judgments or liens before you sign the contract
• Have your moving plans firm by the time you sign
• Choose an experienced attorney who handles closings regularly and is responsive

Having Trouble Getting to the Table?

At Weinman Law Offices, Pete Weinman helps sellers resolve title issues, navigate open permits, and get deals to the closing table efficiently.

For a complete overview of the entire selling process, see The Staten Island Home Selling Process: A Step-by-Step Guide.

Contact Pete today: Call (718) 442-2010 | Text (718) 957-8121 | Weinman@StatenIslandLaw.com