Reply to In a contract to purchase house (contingent on sale of current house), but want to divorce husband

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[quote=Anonymous][quote=Anonymous]Is the sale contingent on financing? No way you are going to get financing if you separate during this process. But agree with PP - it's time to walk away from the earnest money. If you go ahead with the sale the transaction costs of selling it again in a few months will no doubt be higher than the deposit.[/quote]

+1.  Also, it's not really fair for the other party selling you this house that it's been tied up by you and then you decide to walk away from the transaction.  That's exactly what the earnest money is designed to protect against.

You might want to talk to the realtor about this too.  The seller may just want to get rid of you and might settle for less than all of the earnest money so they can get on with selling their house.  That's a really large deposit on a house so I'm assuming you are trying to buy in a hot area so it might be easy for the seller to re-sell the house.  I wouldn't count on getting it all back though because the seller probably won't get as high of a sale price, buyers will look at the house as damaged goods and wonder what made you walk away from it.[/quote]

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