Oh my GOD, that is something I did NOT know!
But yes, we had a subject to sale clause...the sale would've been required by 90 days following signing the contract. The $1,000 initial deposit WAS to be refunded in full should we not sell within those 90 days, and if we DID sell the remaining balance of the 5% deposit would become payable upon the sale. So if we had NOT sold, that remaining deposit would thus not be payable.
But yes, we had a subject to sale clause...the sale would've been required by 90 days following signing the contract. The $1,000 initial deposit WAS to be refunded in full should we not sell within those 90 days, and if we DID sell the remaining balance of the 5% deposit would become payable upon the sale. So if we had NOT sold, that remaining deposit would thus not be payable.