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Clause in Contract

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A

ang2877

Junior Member
What is the name of your state? New Jersey
My inlaw is selling her home so we can buy a two family home and she can live in one the first floor and we would pay the mortgage and taxes and she would not have to worry about anything, so when we made up a contract to put in a bid with a clause that says with the subject to the purchase of the buyers home and they signed the aggreement. Well now that it went into attorney review, there attorney said that that is illigal to put since it is not our home, well no it is not our home but we did live there, so it is subject to the buyers home. How is that illigal. I mean we are putting a bid down payment on this home when we sell this one. So can you put that in the contract "subject to the sale of the buyers home" Please give me any advise on this or how we can go about it

Thank you:confused:
 


B

BelizeBreeze

Senior Member
ang2877 said:
What is the name of your state? New Jersey
My inlaw is selling her home so we can buy a two family home and she can live in one the first floor and we would pay the mortgage and taxes and she would not have to worry about anything, so when we made up a contract to put in a bid with a clause that says with the subject to the purchase of the buyers home and they signed the aggreement. Well now that it went into attorney review, there attorney said that that is illigal to put since it is not our home, well no it is not our home but we did live there, so it is subject to the buyers home. How is that illigal. I mean we are putting a bid down payment on this home when we sell this one. So can you put that in the contract "subject to the sale of the buyers home" Please give me any advise on this or how we can go about it

Thank you:confused:
Click to expand...
As you were told, it is NOT your home so you have nothing to contingent the purchase on. Since your in-law is not a party to the purchase, a contingency on her home being sold is irrelevant.
 
N

nextwife

Senior Member
Make her a partial party to the purchase, then the clause will be legal. After all - isn't some of the purchase money coming from her?
 
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