Repayment of Relocation Benefits

I signed an agreement with my employer to repay "any monies expended for my relocation expenses" if I "voluntarily choose to resign from the Company within twelve months from the date relocation payments were made relating to my move." I started my employment with the Company in January 2006, and the Company bought my previous home (paying off the mortgage in January 2006) as part of the relocation. As of January 2007, that home has not resold, and the Company is saying that if I quit my job, I am liable to the Company for the $40,000 that they have spent since January 2006 on trying to sell that home. Could this be correct? Thanks in advance.

It does say from the date the payments were made...but we assume that was intended to begin at approx. the Jan 06 period...you may argue it was not intended to bind you forever--or even past the approx. 12 month period.