Seller in Texas is trying to force buyer with letter to take ownership of the house one day before closing and will be in default at closing.

Seller sent a letter below claiming that I will be in default one day before the closing date that the seller set. Is this normal in Texas?

The house has a second inspection date of the 26th (the new build had too many items wrong with it during the first inspection) and the builder's realtor set the closing date of 08/29.

Is this a scare tactic to force my hands to accept the home as is? Should this be the stage where I hand this over to a lawyer since they are trying to keep the escrow money.

Is there any real estate laws or codes in Texas that prevent this type of manipulation?

Here is the wording from the letter:

This letter is to inform you that your new home is now complete. Per the terms and conditions of

the Residential Earnest Money Contract dated June 21, 2024, paragraph 21 titled “Closing” states:

“… the closing of this transaction shall occur within five (5) days after the later of: (i)

Seller’s notice to Buyer (this notice may be verbal or written) that construction of the

subject home has been substantially completed; and/or the Property has been inspected

and approved by the lender, FHA/VA, and/or municipality, (ii) thirty-one (31) days from

the Effective Date of this Contract. Buyer recognizes time is of the essence. In all events,

if the Buyer fails to close this transaction within this five (5) day period through no fault

of the Seller, the failure shall be an event of default in which case the Seller may terminate

this Contract. “

As mentioned earlier, your new home is now complete. At this time, it is necessary to inform you

the default period of the agreement will commence on August 28, 2024. Upon this date, the

following actions will be necessary: (1) the home closes as specified in the Contract, or (2) the

Contract may be terminated and all deposits forfeited.

submitted by /u/WittyLawfulness1642
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