New Mexico | Real Estate Law
Legal Question
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.
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Legal Answer
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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Charles S. Aspinwall, J.D., LLC PO Bx 984 Los Lunas, NM 87031-0984
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