Do we all have a mortgage story? I know I do. The moral of my story is NEVER use the mortgage broker recommended by the builder. They can F* up a wet dream!
When I bought my latest house, the mortgage agent moved companies. My fault I followed her to the new company rather than staying with the original mortgage company. When the agent rewrote the contract at her new company she got a clause wrong. I did not find out about his until 8AM the day before closing. I called mortgage lady, her assistant, and the builder agent. No one answers their phone. I leave a voice mail stating that if they do not correct the clause that we will not close. Period! I further state to contact me by 3PM and leave my cell number. All day, nothing. 3PM, everyone want to talk to me at once.
Everyone asks how to proceed. I say change the clause or no close. Everything gets faxed and the title company gets the information. 8AM the next day, closing goes flawlessly.
This would not have been so bad, but the mortgage company asked for my financial information three times claiming they did not have them. I hand delivered the last one. When the assistant place the paper work in the folder...right behind the last two copies, I about blew my top.
The mortgage companies forget who the customer is. I can get a loan anywhere and I know it. I don't let mortgage companies push me around.
In your case I think this was an agent issue. The selling Realtor should have informed you of the stipulation. I'm no lawyer, but if they cannot meet the agreed to closing date, that is a breach of contract -- if, as you say, the sale of home stipulation is not in the contract. Put the house back on the market after the contract expires. You are under no obligation to sell to these people unless they renegotiate the contract.
-G