What Is 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:
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Not delivering earnest money deposit within the required timeframe.
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Failing to provide loan approval or proof of funds.
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Missing the closing funds (via wire transfer or cashier’s check).
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Not submitting required documents for the lender or title company.
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Skipping the final walkthrough or not showing up at closing.
🏠 By the Seller:
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Failing to complete agreed-upon repairs before closing.
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Not delivering clear title or resolving liens or encumbrances.
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Not vacating the property by the agreed possession date.
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Refusing to hand over keys, garage remotes, or appliance warranties.
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Missing required signatures or documents at closing.
📜 Legal & Contract Consequences
If a party fails to deliver as agreed, the other side may:
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Terminate the contract (especially if it violates a contingency).
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Keep the earnest money deposit (seller remedy).
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Sue for specific performance or damages (more common in higher-stakes deals).
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Request an addendum for more time (if both sides agree).
✅ How to Avoid FTD in a Home Sale
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Use a transaction timeline to stay on top of deadlines.
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Communicate regularly with your agent, lender, and escrow officer.
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Read the P&S contract carefully — especially around contingency and closing dates.
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Confirm all documents and funds are submitted early, not at the last minute.
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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 Estate. 480-399-2342.