I know this is a question for my attorney and I have contacted her, but I’m having anxiety about it until I hear back! And that may not be until Tuesday since tomorrow’s a holiday. We have an offer on our house that expires tomorrow (that we need to respond to) and we are putting another offer in on a house that we REALLY want.
My question/worry is what happens if we accept an offer on our home and go under contract. We put an offer in on a new home and offer is accepted and we go under contract. Attorney review period for both contracts ends. What happens in the worst possible scenario and our seller backs out of the deal. Are we still obligated to sell our home to our buyers? I’m guessing yes because there’s no contingency in the contract about this situation. I consulted google and see that you can add a contingency that seller must sign a purchase agreement for a new home, and it’s usually a time period of 1-3 weeks and then the contingency is removed or contract is canceled. It also said that it’s a very unpopular clause for buyers, and I do understand why. But now I’m feeling terrified that shit will go wrong a month from now and we’ll be legally obligated to sell our home. We only want to move because we found our “dream” house in our neighborhood, otherwise we were staying put and maybe adding on eventually. Oh we are also FSBO and buying from a FSBO so no real estate agent to answer questions (never again will I work without an agent btw).
I'd think unless your contact with your buyer includes a stipulation that you are able to buy/close another home, then you'd have to stick with your contract with the buyer of your present home. Obviously I'm not a lawyer or realtor but I've bought and sold homes before.