New Mexico  |  Real Estate Law

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.