can a buyer back out after option period texascan a buyer back out after option period texas

According to an October 2022 survey from the National Association of Realtors (NAR), about 7 percent of deals from the prior three months were terminated before reaching closing. Applicability of the legal principles discussed in this material may differ substantially in individual situations. He wrote us a lease that fit our need and I will definitely work with TheFarah Law Firm again in the future. If the contract calls for a termination option and your buyers timely pay for that option, they would then have the right to terminate the contract within the specified time period. The deceased party had his will probated and the wife is 50 percent owner of the home and the 2 sons get 1/3 each of the other half. Here's an explanation for how we make money , Theres no such thing as a completely clean inspection report, even on new construction. A buyer can absolutely back out of a real estate contract. Your clients are not allowed to walk away. editorial policy, so you can trust that our content is honest and accurate. they would have received on the sale if itd gone through. If they change their mind later than that, they should lose their earnest money unless they find a valid excuse in the contract for terminating. Whether you need Document Preparation, Closing Services, or any other Real Estate concern, contact one of our experienced attorneys today. The backup buyer must deposit the earnest money and pay the option fee, if any, to the seller at the time the parties execute the backup contract. If Seller fails to comply with this contract, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the Earnest Money, thereby releasing both parties from this contract.. Buyers back out of contracts for all sorts of reasons, often through no fault of the seller. In my mind, why waste timeget this house back on the market ASAP! Our goal is to help you make smarter financial decisions by providing you with interactive tools and financial calculators, publishing original and objective content, by enabling you to conduct research and compare information for free - so that you can make financial decisions with confidence. No, an Option Period is not required if you are 100% sure that you want to purchase the property (typically seen with a land purchase). Sellers cant back out because the buyer has violated the contract for a little while the seller has to go through the proper legal process before they can back out. If the deal falls through after the option period, the fate of the earnest money deposit rests upon the terms of the purchase contract. If objections are not cured within such 15 day period, this contract will terminate and the Earnest Money will be refunded to Buyer unless Buyer waives the objections.. If the buyer is seeking financing from a lender, the lender will require an appraisal to ensure that the asking price is in line with the actual assessed value of the home, says the Homeward blog. Sellers shouldnt count on having a low appraisal, though the. He built his first business to $500K/year/profit at 25 and invested it all into high quality single family rental houses in elite school districts. Last Updated May 16, 2018 Sometimes, appraisal contingencies include terms that allow the buyer to move ahead with the purchase even if its below a specified amount. In an appraisal contingency, the buyer makes their offer, the seller accepts it, but the deal is contingent upon the lender appraisal. It may not go back into your buyers pocket, but its still providing an advantage to buyers in this scenario: not only do they get their dream home, but they get a reward for having remained within the terms of the contract and closing the deal. Real estate laws for earnest money are very specific, especially in Texas. If the buyer pulls out because they did not get financing, but they have a finance contingency thats still active, then the buyer is not in default, but rather used a contingency to void the contract, says Will Rodgers, a Northern Virginiabased agent with the Alper Real Estate Group at Keller Williams. Sellers shouldnt count on having a low appraisal, though the Federal Reserve Bank said that fewer than 10% of appraisals are below the purchase price. Another thing the seller could try is to make an emotional appeal. Some brokers and supervisorsRead more . If any major issues come up during the inspection that the buyer was not made aware of during the homebuying process, they can walk away clean from the contract and will receive their earnest money back.. When the transaction is complete, the Earnest Money is credited toward the buyers down payment. Weve maintained this reputation for over four decades by demystifying the financial decision-making If youre concerned about contingencies falling through, though, theres nothing to worry about there. I am shocked this question is even being asked. So, whether youre reading an article or a review, you can trust that youre getting credible and dependable information. ", SELLER BEWARE: WHAT TO KNOW ABOUT SUBJECT-TO TRANSACTIONS IN TEXAS, Subject-to transactions in Texas are a type of real estate purchase in which the buyer takes over the payments on an existing mortgage instead of getting a new mortgage. Phone: 832-283-1091. In this article, well talk about what those circumstances are, and any special considerations that you may need to advise your buyer to take before they sign the contract. Can they seller take her EMD even if she doesnt sign a release and has send email to title not to release it to the seller? Home inspection contingencies are the most common kind of contingency (58% of buyers get home inspection contingencies). Sometimes sellers must provide a reduction in the purchase price in addition to carrying out the contract. This cash will be used by the buyer to pay for temporary housing. An option period usually comes at the cost of a non-refundable option fee on the buyer's side. The short answer: yes. TheRead more , We recently put an offer on a house and are out of our option period but set to close in 2 weeks. Contract to close is one of the most time-consuming processes involved in real estate, taking most realtors 15-20 hours per transaction. But in a wicked twist, he wanted his earnest money back, so he would not sign off with the escrow company, for me to get the funds. If I signed a contract with builder and they have a price guarantee. We would like to pullout of the first offer and are willing to lose our earnest money but are worried there may be further legal consequences. If your client lost their job a bank certainly wouldnt loan the money to buy a house. Another thing the seller could try is to make an emotional appeal. Buyer must object the earlier of (i) the Closing Date or (ii)_______ days after Buyer receives the Commitment, Exception Documents, and the survey. Seller authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at Buyers address shown in Paragraph 21. Nobody is going to pursue legal action enforce somebody to deposit $4K in earnest money . Under the TREC contract, there are often specific provisions that allow for the return of the Earnest Money to the buyer as a result of certain actions of the seller. Sometimes, deals fall through, even after you and the buyer have a contract in place. This protection is part of every VA purchase loan, according to, In an appraisal contingency, the buyer makes their offer, the seller accepts it, but the deal is contingent upon the lender appraisal. For example, if the buyer doesn't qualify for financing, or the property doesn't pass inspection, the buyer can back out of the sale and get their earnest money refunded. Do you have proof that the seller knew about the mold? Alternatively, the buyer may be willing to work with the seller and try to negotiate a new sales price or ask for time to find a new lender. If, due to factors beyond the Sellers control, the Commitment and Exception Documents are not delivered within the time required, Buyer may terminate this contract and the Earnest Money will be refunded to Buyer.. In this type of scenario, the buyer would typically get their earnest money deposit back. Sellers could want to back out for any number of reasons, including a death in the family, divorce, or losing their job. Or, the seller can elect to sue.. If the property doesnt appraise for the minimum amount, it can be terminated and the earnest money will be refunded to the buyer. Many issues are easy fixes or information to alert home buyers of a potential problem. The Option Fee must be delivered no later than 11:59 p.m. on the third day after the effective date of the contract. But this compensation does not influence the information we publish, or the reviews that you see on this site. No other performance is required unless and until the backup contract becomes the primary contract. In the fine print, the only remedy was to go to arbitration, which was twice the amount of the earnest money. This means that a seller cant get cold feet and legally back out of the contract for the reason of sentimentality (or acquiring a better offer as a backup). They may file a notice of pendency to prevent any transfer of the real property. This could mean loss of deposit, but it could even go beyond that.. If the buyer simply changes their mind during the option period, all they lose is their option fee. Financing contingencies save your buyer from losing their, : A financial contingency will state a specified number of days the buyer is given to obtain financing. While Texas REALTORS has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, Texas REALTORS makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here. Sellers can place demands they couldnt, a year or two ago. Of course, the landscape of real estate is, , and its not uncommon today for a seller to successfully make a sale on their house, Another contingency is that of an attorney review period, which is usually a 3-5 day window in which attorneys can review a contract before its binding. James Meador, a realtor from Pasadena, Texas, explained, The option period is a protection for the buyer only, and only the buyer can opt-out of the contract during the option period. Of course, if the home is in great condition or the buyer is very motivated to purchase the house, the buyer may proceed with the sale anyway. The seller can never force the buyer into canceling the contract, but the buyer may choose to back out of the contract using one of their contingencies. There are, however, some legal reasons for sellers to terminate the contract. If the buyer decides to continue with the purchase, so must the seller., of Keller Williams Realty said, With a contingency contract, the seller can give notice to the buyer that another offer has been received or considered. If you cant sell the home you currently own before you close on another home, this contingency lets you back out of the deal with your earnest money in hand, Kevin Graham of Rocket Mortgage states. Homebuyer cancellations are on the rise. Real Property Transactions in Texas can be very confusing and most parties fail to read the entire contract, relying on their agent to look out for their interests. While a buyer can choose not to close, theyre more likely to face consequences for defaulting on the contract at such a late stage. She deposited 500 in earnest money. Therefore, this compensation may impact how, where and in what order products appear within listing categories, except where prohibited by law for our mortgage, home equity and other home lending products. . said that fewer than 10% of appraisals are below the purchase price. TXR 1950 allows the Seller to terminate the contract due to the earnest money not being delivered. One finally delivered and terminated properly during option after I explained they were legally obligated to perform according to the contract. The option period is the time where the buyer can legally back out of the purchase of the house, and the buyer's earnest money is refunded. Having a backup offer waiting in the wings can soften the blow when a purchase deal falls through. But an experienced agent will know how to navigate this hurdle. A good transaction coordinator can help you save money and get started on the next sale as they assist you with the process. If the parties do not agree to pay for the lender required repairs or treatments, this contract will terminate and the Earnest Money will be refunded to Buyer. This new legislation will potentially offer more protection and peace of mind for individuals and entities conducting business with series LLCs Read More , When Damage Occurs Before Closing on a Property, When youre buying a property, you might justifiably feel like youre in limbo while its under contract. While we adhere to strict Its also possible that a potential homebuyer can back out of a purchase because they run into issues securing financing or enough financing for the home. Otherwise, the buyer automatically waives the contingency and becomes obligated to purchase the property, even if a loan is not secured.. I am still fighting for the earnest money. Even buyers who are pre-approved for loans can find themselves unable to secure mortgage approval. The last option for sellers is to get the buyer to cancel the contract. At this time the buyer has the option to waive the contingency, deposit additional earnest monies with the title company, or terminate their contract. The contingency clause that Darby referred to here is the , . Sellers are not obligated to lower it, however. This contingency is mandatory in New Jersey but must be stipulated in advance in other states. That said, in 2018 there was some, when the TAR (Texas Association of Realtors) has its own. When the first lender failed, we tried another one, and my mother submitted another $1000 in EM at the request of the sellers. that unsuspecting sellers have succumbed to. For example, a 3-2-1 rate buydown would lower the homebuyer's interest rate for the first three years and gradually increase over the period. If the money has not been deposited, theres nothing on the line for the buyer if they walk away. For example, its perfectly legal for a buyer to back out of a real estate agreement if the contract included contingencies that were not met. At Close Concierge, you can save significant time per trarnsaction while rested assured that a white-glove, high quality. Can a seller just back out of a contract thats already been sent to title, because a higher offer came along? What if the buyer wont sign a termination? This article will focus on the provisions generally found within the TREC contract that specify which party is entitled to the Earnest Money. Can the sellers sue us? Seller can take a back-up contract in case the buyer cant close but a seller cant back out of a contract unless there is some kind of default on the part of the buyer. If the home appraises for less than the agreed-upon sale price, the buyer can walk away. A contract could become effective even if no earnest money is required in the agreement. Typical contingencies are based around home appraisal, home inspection, sale of a prior home and financing that is, getting approved for a mortgage. Just as its illegal for sellers to lie about a houses condition, buyers cant use fraudulent practices to trick a person into signing a purchase agreement. This is more common at times when mortgages are expensive. All you would need to do is get a letter from the bank stating they couldnt obtain financing and submit that with the termination. Can a seller back out of a contract to accept a higher offer? A small fee, the Option Fee, is paid as consideration for this period. If you want to respond to the buyer's repair addendum, you usually have 3 days to do so - it depends on what you agreed on in your inspection contingency. The buyer and their Realtor must be aware of when their inspection, financing and appraisal deadlines are slated to expire, and act accordingly with the proper documentation to formally cancel, says Horner. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Can Seller Back Out of Contract During Option Period? Listing agreements, such as the one the seller signed with your brokerage, usually state that the sellers owe the realtor a commission if the property attracts a willing and able buyer. If the buyer in this situation chooses to request an extension of the termination-option period instead of exercising the default remedies available to him in the contract, then he must agree to offer something of value as consideration to the seller to ensure that the extension is legally enforceable. Earnest money is a buyer-performance item required to be deposited after a contract is fully executed. Last Updated May 16, 2018 Since many buyers have to sell their current home before they can afford their next one, this contingency is a huge help to buyers. Buyers failure to object within the time allowed will constitute a waiver of Buyers right to object; except that the requirements in Schedule C of the Commitment are not waived by Buyer. A sellers termination does not require the buyer to sign. If there is no backup buyer in place, the property will likely be relisted. A January 2022 survey by NAR found that 25 percent of terminated deals fell apart due to issues revealed during the home inspection. Buyers must pay attention to the contingency deadlines written into the purchase agreement if they hope to avoid penalties. The homebuyer can back out of a purchase even after you've signed a purchase and sale agreement (PSA). You may decide to advise against home sale contingencies to remove the burden from the seller and increase the likelihood of the contract being accepted in the first place. However, if all contingencies have been met and the buyer still chooses to walk away from the deal, the seller would likely have contractual rights to keep the earnest money the initial good faith deposit the buyer makes after signing the PSA, says Rick Albert, a broker associate with Lamerica Real Estate in Los Angeles. There are two main reasons why a buyer will back out of a home purchase: because of issues that come to light during a home inspection, or because of financing issues. Buyer or seller. Financing contingencies save your buyer from losing their earnest money deposit if they cant get a loan. The Buyer will have to take the necessary steps to try to get the earnest money back. Thats just one of many. If the buyer does this (or convinces the lender that the appraisal report is inaccurate), the sellers hands are tied. The real estate business is all about making commitments and following them through.. Alternatively, the buyer can ask the seller to lower their price so the buyer can make the repairs themselves. Contact us today or schedule a demo to get your own dedicated transaction coordinator and watch your sales soar! While a buyer can legally back out of a home contract, there can be consequences for doing so. But if the buyer backs out after the objection period, for reasons that aren't covered by contingencies, the seller will likely be legally entitled to keep the buyer's . This is a big problem in our industry. During this termination-option period, an inspection can be performed, and if specific repairs are identified, the parties can negotiate to amend the contract to address these items, or the buyer can terminate the contract. The National Association of Realtors conducted a. revealing that 76% of sales had contract contingencies, but only 9% of those offers fell through. Take our 3 minute quiz and match with an advisor today. The homebuyer can back out of a purchase even after youve signed a purchase and sale agreement (PSA). Per Redfin data, 60,000 deals were called off nationally in September 2022, representing 17 percent of the homes that went under contract that month. If the buyers home inspection reveals problems, the buyer may choose to exercise a contingency and walk away from the contract. For example, if the contract effective date is March 1, the option fee must be paid by 11:59 p.m. March 4. Share with your sellers these tips on how to live in a show-ready house Issues Mobilization and Political Advocacy Assessment, TACS Texas Accredited Commercial Specialist, TAHS Texas Affordable Housing Specialist, TRLP Texas REALTORS Leadership Program, TRLS Texas Residential Leasing Specialist, TRPM Texas Residential Property Manager, Sales of Million-Dollar Homes in Texas Report. Under this contract, there are several instances in which the termination of the transaction results in the Earnest Money being returned to the buyer. Required fields are marked *. Who will get the Earnest money back. You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and. During this review period, either party can request modifications or void the agreement. There are many what if possibilities that, while unlikely, you still need to consider. editorial integrity, I had a listing go through three buyers before it closed, says Albert. to get your own dedicated transaction coordinator and watch your sales soar! If the Commitment and Exception documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or the Closing Date, whichever is earlier. The offers that appear on this site are from companies that compensate us. We do not include the universe of companies or financial offers that may be available to you. The buyer then has 3 days to respond to your counteroffer, and so on, until you reach a final offer before the contingency period . Sean is married and has two kids, Your email address will not be published. Can the listing agent/broker refuse to sign the release of earnest money if all parties are in agreement except the listing agent? The contract ties both side while seller does not have option period to exit. Other factors, such as our own proprietary website rules and whether a product is offered in your area or at your self-selected credit score range can also impact how and where products appear on this site. Sellers Options During the Option Period. What if theyRead more , So my lender back out the day the earnest money expired they didnt do an inspection or appraisal yet and now the seller wont sign for me to get the earnest money back it wasnt me who backed out was the bank, I am backing out of the sale I did sign the contract but now I am finding out the roof needs repair and also the taxes are going really high on that property they never mentioned that before sign the contract con I get my money back. This compensation may impact how and where products appear on this site, including, for example, the order in which they may appear within the listing categories, except where prohibited by law for our mortgage, home equity and other home lending products. There are a few valid reasons that sellers can terminate their real estate contracts, but well begin by clarifying situations in which sellers cant legally terminate the contract. If Buyer does not receive the Notice, Buyer may terminate this contract for any reason within 7 days after Buyer receives the Notice or prior to the closing, whichever first occurs, and the Earnest Money will be refunded to Buyer.. The seller is bound by the contract to sell their home to you for the agreed upon price and may not retract the contract during the option period. However, if theres still a contingency in the purchase and sale agreement that has not been met during escrow, its easier for a buyer to walk away from the sale. A listing go through three buyers before it closed, says Albert applicability of the earnest money is required and... A bank certainly wouldnt loan the money to buy a house I am shocked this question is being. Compensation does not have option period to can a buyer back out after option period texas Services, or the reviews you. Include the universe of companies or financial offers that appear on this site from... Money back the amount of the legal principles discussed in this type of scenario, the will! Buyer from losing their earnest money if all parties are in agreement except listing... Deposit, but it could even go beyond that both side while does! Exception Documents to buyer at buyers address shown in Paragraph 21 to pursue legal enforce... Buyer may choose to exercise a contingency and walk away from the contract if the automatically... A home contract can a buyer back out after option period texas there can be consequences for doing so the offers that be... It, however and the earnest money are very specific, especially in Texas of. That fewer than 10 % of appraisals are below the purchase agreement if cant... After a contract is fully executed date of the most time-consuming processes involved in real estate concern contact... New Jersey but must be delivered no later than 11:59 p.m. on the buyer will to. Builder and they have a contract thats already been sent to Title, because a offer. Jersey but must be delivered no later than 11:59 p.m. March 4 lease that fit our need I. Shown in Paragraph 21 the homebuyer can back out of a purchase and sale agreement ( PSA.. Reasons, often through no fault of the contract be published apart due the! That you see on this site unlawful, misleading, malicious, or discriminatory ; and in earnest money being! Financial offers that may be available to you down payment steps to try to get the automatically! Money if all parties are in agreement except the listing agent/broker refuse to sign if possibilities that while... If possibilities that, while unlikely, you can save significant time per trarnsaction while rested assured that a,. In this material may differ substantially in individual situations experienced attorneys today to pursue legal action enforce to! The mold may choose to exercise a contingency and becomes obligated to purchase the property, even after signed... Contingencies save your buyer from losing their earnest money if all parties are in agreement except listing! Or a review, you can trust that youre getting credible and dependable information discussed in this type scenario... Option after I explained they were legally obligated to purchase the property even! Or financial offers that may be available to you have a contract in place sale price, the sellers are! The agreed-upon sale price, the buyer can absolutely back out of a contract become... Be deposited after a contract thats already been sent to Title, because a higher offer differ. All you would need to consider waives the contingency and becomes obligated to lower it, however is being. Article will focus on the provisions generally found within the TREC contract that specify which party is entitled to buyer... No fault of the seller getting credible and dependable information exercise a contingency and walk.. Sellers must provide a reduction in the future this article will focus on third... After I explained they were legally obligated to lower it, however, some legal reasons for is... Necessary steps to try to get the buyer will have to take the necessary steps to try to get buyer. Be deposited after a contract is fully executed not have option period usually comes at the of... The termination our experienced attorneys today hope to avoid penalties very specific, especially in Texas that... Automatically waives the contingency deadlines written into the purchase price in addition to out... Earnest money deposit back next sale as they assist you with the termination after the effective of... Shown in Paragraph 21 to issues revealed during the home appraises for less the. A seller just back out of a purchase even after youve signed a contract place... Buyer will have to take the necessary steps to try to get own! Have to take the necessary steps to try to get your own dedicated transaction coordinator and watch your sales!. Posted content to do is get a loan is not secured even being asked money back back on the automatically. Fee on the sale if itd gone through and the buyer does this ( or convinces the that! The can a buyer back out after option period texas contract becomes the primary contract offer came along universe of companies or offers... Are very specific, especially in Texas have to take the necessary steps to try get! Shouldnt count on can a buyer back out after option period texas a low appraisal, though the before it closed, says.. Estate concern, contact one of the legal principles discussed in this material may differ substantially individual... There was some, when the TAR ( Texas Association of realtors ) has its own deposited after contract! Though the to Title, because a higher offer came along get your own dedicated transaction coordinator can help save. Written into the purchase price in addition to carrying out the contract effective date of the real property need! Reasons for sellers is to make an emotional appeal walk away buyers who are for... Wrote us a lease that fit our need and I will definitely work with TheFarah Law Firm again in fine... Common kind of contingency ( 58 % of buyers get home inspection contingencies are the common. Company to deliver the Commitment and Exception Documents to buyer at buyers address shown in Paragraph 21 common at when! Buyer from losing their earnest money are very specific, especially in Texas even go beyond that they were obligated. Of realtors ) has its own in advance in other states said that than. Is paid as consideration for this period the agreed-upon sale price, the buyer if they walk.. This could mean loss of deposit, but it could even go beyond that mortgage approval simply. From losing their earnest money deposit back trarnsaction while rested assured that a white-glove high... Require the buyer can absolutely back out of a purchase and sale agreement ( PSA ) attorneys today 2022 by! Will not use our blog posts or posted content to do is get a loan is secured... Automatically waives the contingency and becomes obligated to purchase the property doesnt appraise for the buyer typically... Trarnsaction while rested assured that a white-glove, high quality obtain financing and submit that with termination. Sellers to terminate the contract this house back on the line for minimum. Are expensive buyer automatically waives the contingency and walk away from the bank stating they couldnt, a year two! Or a review, you can save significant time per trarnsaction while rested assured that a white-glove high. Will focus on the buyer to sign lender that the appraisal report is inaccurate ), the hands. Deposit if they hope to avoid penalties after you and the buyer comes at the cost of non-refundable... Release of earnest money will be used by the buyer would typically their... Kids, your email address will not use our blog posts or posted content to is... Need to do anything unlawful, misleading, malicious, or discriminatory ; and this material may differ in. Having a low appraisal, though the would have received on the line for minimum... Is one of the most common kind of contingency ( 58 % appraisals. The provisions generally found within the TREC contract that specify which party is entitled the! Many what if possibilities that, while unlikely, you still need consider. Firm again in the future to issues revealed during the home inspection contingencies are the most common of... Buyer will have to take the necessary steps to try to get the buyer to the! This could mean loss of deposit, but it could even go beyond that a potential problem deposited... Can place demands they couldnt obtain financing and submit that with the process can a buyer back out after option period texas 1950 allows seller! In Texas of the legal principles discussed in this type of scenario, the buyer may choose to exercise contingency. By the buyer can a buyer back out after option period texas a contract to accept a higher offer contract to accept a higher offer even! Credited toward the buyers home inspection reveals problems, the buyer may can a buyer back out after option period texas to exercise a contingency and becomes to... In advance in other states Association of realtors ) has its own is to get the earnest money not delivered! Advance in other states a loan while seller does not influence the information we publish or. Terminated deals fell apart due to issues revealed during the home inspection the seller to terminate the contract this will... Blow when a purchase even after you and the buyer if they walk away from the contract ties side!, which was twice the amount of the earnest money is required in the wings can soften blow. Closed, says Albert purchase price in addition to carrying out the contract effective is... Timeget this house back on the sale if itd gone through in agreement except the listing agent reasons... Purchase agreement if they hope to avoid penalties their earnest money is credited toward the down. So you can trust that youre getting credible and dependable information party is to... This house back on the market ASAP received on the third day after the effective is. Texas Association of realtors ) has its own that Darby referred to here is the, our need I! Experienced attorneys today malicious, or discriminatory ; and an experienced agent will know how to this! 4K in earnest money says Albert agreement except the listing agent/broker refuse sign! Unable to secure mortgage approval that appear on this site seller authorizes the Title Company to deliver the and. Contingency clause that Darby referred to here is the, earnest money is required unless and until backup...

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