Homeowner guide
If you are already under contract
The buyer has gone quiet, the closing keeps slipping, and the date on your court file is not moving. Here is how to work out where you actually stand.
Verified against the source on August 15, 2026
We should say up front that we are part of this business. We work with investors who buy houses in North Carolina, some affiliated with us through common ownership. This page exists because the situation it describes is common and almost nobody writes about it. You do not have to talk to us to use any of it.
First, find two dates
Almost everything about your position comes down to two dates and the gap between them. Before anything else, write both down.
The last day of their due-diligence period
It is in your contract, usually in the first page or two — sometimes as a number of days from the effective date rather than a date. Work it out exactly.
Your hearing date, or your sale date
If you are not certain which you have or when it is, the Clerk of Superior Court in your county can tell you. Your file is a public record and you are entitled to see it.
What to look for in your contract
You do not need to understand the whole document. Five things tell you most of what you need to know.
The buyer’s name — and whether “and/or assigns” follows it
If it does, or if there is a clause permitting assignment, the person you have been speaking to may not be the person who would actually close.
The due-diligence or inspection clause
Read what it lets them do. In many contracts they can terminate during that window for any reason at all, and the fact that nothing is wrong with your house does not change that.
The due diligence fee — the number that tells you what they are risking
North Carolina contracts usually carry two payments. The due diligence fee was paid to you and is non-refundable; the earnest money sits with an escrow agent and is refundable while the due diligence period is open. Until that period ends, the due diligence fee is the only money a buyer stands to lose — so if it was small or zero, walking away costs them almost nothing.
The closing date, and any clause letting them extend it
Some contracts let a buyer push closing by paying a small fee, or simply by giving notice.
Any clause about recording a memorandum or notice of the contract
This one matters for a reason covered further down — it can outlast the contract itself.
What going quiet usually means
A buyer working toward a closing has things to tell you — the appraisal is scheduled, the attorney has the file, the survey came back. Silence, and updates that never quite contain a fact, usually mean one of three things.
They are still looking for someone to take it
The most common explanation by far. The delay has nothing to do with your house.
They are waiting to ask for a reduction
Holding until the end of the due-diligence window, when you have the least time left to say no.
They have already decided not to proceed
And have not told you, because telling you starts you looking for another buyer.
There is a short way to find out which one you are in. Ask the buyer, in writing, for three things: the name of the closing attorney, confirmation of whether they intend to assign the contract, and current proof of funds. Ask for a reply by a specific day.
A buyer who is closing sends all three. A buyer who is shopping the contract will usually go quiet again — and that silence is your answer.
What leverage you have
More than most homeowners assume, though it depends heavily on what you signed.
Deadlines run both ways
A due-diligence period ends. In many contracts the buyer’s ability to walk away and recover their deposit narrows sharply once it does. Knowing exactly when that happens changes the conversation.
Written requests create a record
Asking for proof of funds and a closing attorney by email costs you nothing and produces something you can show a lawyer, a judge, or the next buyer.
You can prepare for it falling through
Talking to a HUD-approved counselor, finding out what your lender will accept, or understanding your other options breaches nothing — and means a cancellation does not start you from zero.
Time pressure is not only yours
A buyer who wants to assign your contract needs it to close as much as you do. Their fee depends on it.
What you should not do is assume you can simply sign with someone else. You are likely still under contract, and signing a second one can create a real problem. That is a question for a lawyer, not for a web page.
If they recorded something against your title
Some buyers record a memorandum of contract, an affidavit of equitable interest, or something similar at the county register of deeds.
The effect is to put the world on notice that they claim an interest in your property — which can make it difficult or impossible to sell to anyone else, sometimes even after their contract has expired.
You can find out whether anything has been recorded by checking with the register of deeds in your county. If something has been recorded and the contract is over, take that to an attorney promptly rather than negotiating it yourself.
When to stop reading and call a lawyer
Any of these, without waiting to see whether it resolves on its own.
Your due-diligence period ends after your sale date.
Something has been recorded against your title.
You are being asked to sign an extension or amendment you do not understand.
The price has been reduced late, and you are told the deal collapses otherwise.
You have been asked to move out, hand over keys, or sign a deed before closing.
You were told the sale would let you stay in the home
That transaction has its own statute and its own protections — see what North Carolina law requires.
Legal Aid of North Carolina may be able to help at no cost depending on your income, and free HUD-approved housing counseling is available to every homeowner in the state. If you would rather talk it through with someone first, you can reach us at (888) 502-7222 — there is no charge and nothing to sign.
Keep reading
Cash offers on your home
The seven things to require before you sign the next one.
Read this →Staying in the homeSell-and-stay offers and NC law
If the deal involves you remaining in the house after the sale.
Read this →The whole boardAll of your options
Every path available to a North Carolina homeowner facing foreclosure.
Read this →This page explains what North Carolina law says. It is not legal advice, and no page can substitute for a lawyer who has read your contract and your court file. Free HUD-approved housing counseling is available to every North Carolina homeowner at no cost, and legal aid may be available depending on your income.