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What Is FTD?

What Is Failure To Deliver (FTD)?

In the context of a home sale, Failure to Deliver (FTD) typically refers to a party not fulfilling a contractual obligation by a deadline — not a stock market term. Here’s what it can mean during a real estate transaction:

⚠️ Failure to Deliver in a Home Sale: Definition

Failure to deliver means one party (buyer or seller) does not meet a requirement outlined in the purchase and sale agreement (P&S) — such as delivering documents, funds, possession, or repairs by the agreed-upon time.

🔑 Examples of “Failure to Deliver” Situations

🧾 By the Buyer:

  • Not delivering earnest money deposit within the required timeframe.

  • Failing to provide loan approval or proof of funds.

  • Missing the closing funds (via wire transfer or cashier’s check).

  • Not submitting required documents for the lender or title company.

  • Skipping the final walkthrough or not showing up at closing.

🏠 By the Seller:

  • Failing to complete agreed-upon repairs before closing.

  • Not delivering clear title or resolving liens or encumbrances.

  • Not vacating the property by the agreed possession date.

  • Refusing to hand over keys, garage remotes, or appliance warranties.

  • Missing required signatures or documents at closing.

📜 Legal & Contract Consequences

If a party fails to deliver as agreed, the other side may:

  • Terminate the contract (especially if it violates a contingency).

  • Keep the earnest money deposit (seller remedy).

  • Sue for specific performance or damages (more common in higher-stakes deals).

  • Request an addendum for more time (if both sides agree).

✅ How to Avoid FTD in a Home Sale

  • Use a transaction timeline to stay on top of deadlines.

  • Communicate regularly with your agent, lender, and escrow officer.

  • Read the P&S contract carefully — especially around contingency and closing dates.

  • Confirm all documents and funds are submitted early, not at the last minute.

Real Estate Expert Witness Services by Craig Cherney, Esc.

Craig Cherney is a trusted client advisor and a sought after real estate expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters.  Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate480-399-2342.