QUESTION

Real estate purchase agreement question.

Asked on Apr 22nd, 2017 on Residential Real Estate - Pennsylvania
More details to this question:
Hello, My wife and I have signed a purchase agreement for a property. The owners would not accept a sale contingency on our home. We've acquired a bridging mortgage. We accepted these terms because our sales agent told us on more than one occasion prior to listing that "we'd better be prepared to move because our place will go fast". Well, we listed Apr.1 and are due to close on the other home May 4. As luck would have it, we've had no offers yet on our place and are facing dual mortgage payments. Feeling is we were mislead to believe we'd have a buyer under contract prior to May 4 closing. We've provided 20k in deposit, closing will be another 46k. My feeling is we should walk away and take the 20k loss before closing rather than take ownership and gamble that we can resell that quickly. This is all in a desirable areas of south eastern PA. we've heard we may be obligated to wait 90 days before we are permitted to resell. Please advise on our options and best approach ? Thanks
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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Surrendering your deposit has to be a last option.  What does your realtor suggest?  That's the person who drafted your sales agreement, correct?  its tough to answer your question without seeing your sales agreement.  If you default, does the agreement give the seller your deposit as liquidated damages?  Is that the clear remedy?  have you asked to delay the closing?  How much is your mortgage on your current house?  If I were you, I'd bet that I can sell that house before I make $20K in payments vs. surrendering my deposit.  You can get aggressive at marking down your house for sale. 
Answered on Apr 24th, 2017 at 6:41 AM

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