Legal Question in Real Estate Law in Massachusetts

Is this collusion?

I am purchasing a house that is having a septic system installed. The sellers agent is also part owner of the condo complex that the seller's are buying. Their condo could not be started until they sold their home. In september we presented offer, they accecpted and pushed out closing date until December 5.

The sellers agent's brother is the one installing the septic system in our soon to be new home. He won the job in mid october. He just finished installing yesterday, forcing us to move our closing date once to 12/12, and then again to 12/19. By doing so our rate lock agreement was broken resulting in a fine for us. Turns out though that their condo will not be done until 12/15. So my question is there legal or ethical issues if the sellers agent had his brother purposfully stall on installing septic system in order to create more time for him to finish their condo?


Asked on 12/09/08, 9:28 am

1 Answer from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Is this collusion?

There well may be conflict of interest issues, but the basic issue is that you should have had a firm closing date in your contract and should only have extended it in consideration for payment to you of all extra costs you incurred as a result of the extention. If this is to continue retain an attorney who will have only your best interest in mind.

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Answered on 12/09/08, 10:44 am


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