Legal Question in Real Estate Law in New Mexico

My firm has a professional services contract to facilitate a land sale to another party. The client had the land in ESCROW but their deal has fallen through due to non-performance. My contract has a severability clause that it can be severed by giving 15 days written notice. The term is for 3 months and I have one month left. My position is that I can't sell something they don't own since the deal has fallen through and they do not have a position. I would not call it "impossibility of performance" or "breach". Please let me know.


Asked on 10/21/09, 7:21 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

You may not call it impossibility of performance, but that's exactly what is. You cannot perform because you cannot legally sell what your client does not own. A contract impossible of performance is legally void. It is not clear what your question really is, but a legal review of your contract is necessary to determine whether or not you have a claim against your client.

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Answered on 11/03/09, 11:09 am


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