Q: I listed my house on the condition that I have suitable replacement well that didn't get put in the sale docs...
Now the deal for the house I was trying to buy has fallen apart, am I still required to sell and have no place to go?
A:
Whether you are legally bound to finish the sale of your house may depend on what exactly you put on the escrow agreement as a condition of sale when you accepted the buyer's offer. You are saying that your wished to have a condition that would stop the sale if your other sale didn't got through but that condition wasn't put in the document. If you have other written documents that were given to the buyer (or their agent) expressing this condition, such as emails or text messages you may still be able to argue that the sale was conditional. I just can't give a firm answer nor can any attorney without meeting with you and reviewing all documents involved in the transaction.
You should analyze if selling your house is still a good option and that you will likely find another property that you can afford. If that is the case and it is just a timing issue, let the sale proceed and find a temporary place to live until you close the next sale. If that isn't an option, please make an appointment to consult with an attorney to discuss stopping the sale.
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