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  1. #1
    Join Date
    Oct 2010
    Posts
    1

    Question Can I Cancel Contract if I Move Out of State (Pre-Constriction Condo)

    My question involves a condominium located in the State of: Texas

    Hi..
    Neither real estate nor law is within my domain so please do not be offended by my question.
    (disclaimer)

    2 years ago I entered into a pre-construction agreement and put in earnest money for a condo in Texas.
    I have tens of thousands of dollars at stake.
    Since the effective date of the contract, I have moved out of state - due to career changes - and am no longer a Texas resident and I am unable to close on the condo. The unit is expected to complete in the next few months.

    I amicably let the builders know this over a year ago, and they did not let me out of the contract, and threatened to sue.

    The wording in my contract reads like this:

    "This residential condo purchase contract is entered into as of [effective date] by and between [condo builder], a Texas limited liability company ("Seller"), and [me], a resident of [XYZ] county, Texas (Purchaser)."

    Is it possible to nullify my contract on the basis that I am no longer a Texas resident?
    If not, is there another angle to nullify the contract and retrieve tens of thousands of dollars of my earnest money?

    I welcome any kind of guidance, references or Professional help.

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