Legal Question in Real Estate Law in Massachusetts

buy a house, with broker

real estate broker said does not matter how much you make i will get loan for you its $225.000 and she ask me to sign the p&s and give the deposit $15000.00. i gave it to the saller's broker AND i heve a copy of my check . and the seller's attoreney send the closing date oct 16th 2008. but my broker did inform me. in dec when i received a notice from seller's attorney's office then i comes in my notice that i have an closing date, when i call her regarding closing date she said don't worry i will handle them ,i spoke to my attorney(broker said her attorney) now she said she needs more paper for loan .my loan is not aproved yet. and the seller's attorney's office want me to sing the letter the money deposit should go to seller

i am so scared. how can i get my money back. i need help for my money.


Asked on 1/02/09, 10:10 pm

3 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: buy a house, with broker

I strongly recommend that you not engage in the purchase of a home without an attorney.

An attorney most certainly would have inserted a Mortgage Contingency Clause, which would have protected you in a situation like this.

There may still be an opportunity to obtain a return of your deposit, or protect you from further liability. Contact an attorney today. I charge a relatively small flat fee to represent homebuyers.

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Answered on 1/03/09, 3:40 pm

Re: buy a house, with broker

You made the classic mistake of believing that the broker had your legal interests at heart... they do not.

By law, the seller's broker represents the seller, not you or your interests. They get paid on commission, so all they carer about is getting the money in the door.

The broker's attorney does not represent you.

The bank's attorney does not represent you.

Yu need to sit down and talk to a lawyer who will represent you and protect your interests.

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Answered on 1/03/09, 5:09 pm
Warren Wood Law Offices of Warren Wood

Re: buy a house, with broker

Your facts suggest you need to talk with a knowledgeable attorney immediately. Do not sign anymore documents without prior legal consultation.

You may discuss this matter with us free of charge.

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Answered on 1/02/09, 10:18 pm


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