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I paid my $500 Earnest Money back in June... I can't qualify yet because my husbands score is too low for a loan. We have now decided to just back out on the condo, we know we will be forfeiting our $500 and that is okay. The only paperwork we had signed was for the earnest money stating we had 72 hours to back out or we forfeit the money. Can we still back out of the condo since we have not signed any other paperwork nor been approved for the loan? Thanks! P.S. We are in Mobile State.
Ok, guess i should clarify... we purchased the condo BRAND NEW from the builders -- they still have plenty of vacancy in the other units... and they've been on the market since 04/2008 ... there was no previous seller/tenant and so if we forfeit they will likely find someone else as well. We only put the $500 down to hold the condo because the purchase price was $99,000... hard to find these days! The main reason we don't want it anymore is because I (may) be pregnant now... a 1 bedroom 500sq ft condo will not suit 3 people :) lol
Just take the $500 loss. u sure it is 500 sq feet? that would be the size of a prison cell.
WAIT, you signed an offer at same time you put up the earnest money. READ the contract. You are legally bound and they can sue you. Whether they will or not I don't know. You don't just put up earnest money without making an offer and signing yourself to purchase the condo. Is there a mortgage contingency clause in contract? Has time period passed yet? Did you notify seller you couldn't get a mortgage and ask an extension to obtain one? Didn't you have a real estate attorney and/or realtor advising you? GET legal advice NOW. First consultation cheap or free. Sounds like you weren't ready to buy anyway.
I'd glance over the paper you signed. As long it was just a deposit and you don't mind losing it you should have no trouble telling them you changed your mind with no other repercussions. Thumbs down? There was no additional info, no mention of a purchase when I got here!! A purchase contract with no loan pre approval? Get out a magnifying glass and read everything that you signed.