Thursday, April 28, 2016

When can I put my house back on the market after a contract falls through?

A buyer and I used TREC's One to Four Family Residential Contract (Resale) for the sale of my home, but the sale didn't close by the date in the contract. While the buyer and I figure out how to terminate the contract-and who gets the earnest money-can I put the house back on the market? I want to sell it, not waste weeks while we consult our attorneys. You should talk to an attorney first about the legal liabilities of proceeding with a sale without terminating the original contract. In this situation, there are two ways to formally terminate the contract: • The parties can agree to terminate and sign a document that releases both parties from further obligations under the contract. If you are working with a Texas REALTOR®, he or she can use TAR's Release of Earnest Money form to accomplish this. • A judge can order the contract terminated. Your primary goal should be formal termination of the contract. This ensures you can sell the property to someone else without risking a lawsuit that could stop a subsequent sale of the property.

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