Account

Sign in to access your account and subscription

Making the Case for ‘Time Is of the Essence’ Closings

The circumstances attending each purchaser’s or seller’s failure to close on the Time Is of the Essence closing date is always unique, and this has resulted in an innumerable variety of judicial decisions applied to ever-changing real estate scenarios.

11 minute read November 01, 2025 at 12:09 AM
By
Adam Leitman Bailey and John M. Desiderio
Making the Case for ‘Time Is of the Essence’ Closings

As the authors noted in our first article on Time of the Essence (TOE) Closings, “real estate closings may be the most basic and common real estate experience, but the familiarity ends once a provision of the contract of sale has been breached.”

This premium content is locked for New York Real Estate Law Reporter subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN New York Real Estate Law Reporter

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Adverse Possessor Provided Insufficient Evidence to Support TackingTown’s Installation of Guardrails Did Not Constitute a TakingMortgagee Entitled to Deficiency JudgmentLandowner Adequately Alleged Trespass During Renovation

September 01, 2026

How can legal teams move fast, reduce costs, and handle greater volumes of information? AI has rapidly become the de facto answer. But beneath the enthusiasm for AI, how are practitioners actually using AI-driven tools — and what are they learning as adoption shifts from experimentation to daily operations?

September 01, 2026

Notice of Pendency Provided Constructive Notice to Foreclosure Sale Purchaser

September 01, 2026