Extending the Loan Approval Period Doesn't Move the Closing Date (and Other Amendment Traps)

Published October 9, 2026 · Recalde & Friedman, PLLC

Each deadline runs separately

A Florida purchase contract has many independent clocks: deposits, inspection period, Loan Approval Period, title evidence, condominium approval, and the closing date itself. Under the Florida Realtors/Florida Bar AS IS contract, time is of the essence (Standard F, Time). An amendment that changes one date doesn't change the others unless it says so.

The common trap

Hypothetical: the Loan Approval Period ends on day 30 and closing is set for day 35. The buyer's lender needs more time, so the parties sign an amendment extending the Loan Approval Period by 10 days, to day 40. Nobody touches the closing date.

The amendment now has the buyer's financing contingency ending after the closing date. If day 35 arrives and the buyer can't close, the seller may argue the buyer is in default on the closing date. The buyer may argue the financing contingency is still open. That dispute is avoidable.

The fix: when you extend the Loan Approval Period, ask whether the closing date (and, often, the title evidence deadline that is counted back from closing) must move too, and say so in the amendment.

Write amendments carefully

• Use dates, not "+10 days." State the new calendar date for each deadline that changes.
• Say what doesn't change. "All other terms remain in full force" is standard, but it means the other deadlines keep running.
• Check weekends and holidays. Under Standard F, most deadlines and dates that land on a Saturday, Sunday or national legal holiday move to the next day that isn't one, and that applies to dates written into the contract or an amendment too. See counting deadlines.
• Get every signature. Changes bind only the parties who sign them (Standard P).
• Tell the lender and closing agent. Lenders work from the contract and amendments in their file.

A second trap: liens that aren't about this property

Closing-date extensions often come from title surprises. One of the most common in South Florida is a code-enforcement lien that started at a different property.

Under § 162.09, Fla. Stat.(3), once a certified copy of an order imposing a code-enforcement fine is recorded, it becomes a lien on the land where the violation exists and on any other real or personal property owned by the violator. So if a seller owns a rental property with an unresolved violation across town, that recorded lien can attach to the home being sold. It shows up in the title search, and the title insurer will usually require it to be satisfied or released before insuring the buyer.

Partial releases

The lien runs in favor of the local government, which may execute a satisfaction or release (§ 162.09, Fla. Stat.(3)). Many cities and counties have procedures to release a code lien from a property that isn't the violation site, sometimes on payment, sometimes on a showing that the violation is cured, and sometimes only by board action. Timelines vary and can exceed a typical contract's cure period, so:

• Sellers with other properties should check for recorded code liens before listing.
• Title agents should flag cross-property liens as soon as the search comes back. Standard A gives the seller 30 days to cure after the buyer's objection, and the buyer may extend that up to 120 days. See when the seller can't cure title.
• Both sides should consider whether an amendment needs to move the closing date, not just the cure period.

Homestead property gets some protection: a code lien under this part can't be foreclosed on homestead property (§ 162.09, Fla. Stat.(3)). But the lien can still appear on title and affect a sale.

Checklist before signing any amendment

1. Which deadline is the problem?
2. Which other deadlines depend on it, or should move with it?
3. Are the new dates written as calendar dates?
4. Have all buyers and sellers signed?
5. Have the lender, closing agent and both brokers received it?

Rate locks and other outside dates

Contract deadlines aren't the only clocks. Rate locks, appraisal validity periods, association approval letters, and estoppel certificates (which are effective for 30 or 35 days under § 718.116, Fla. Stat.(8)(b)) all have their own expiration dates. When you move the closing date, check each of them. An estoppel that expires the day before the new closing date means an updated certificate and possibly another fee.

Frequently asked questions