Legal Question in Real Estate Law in Massachusetts
P&S Agreement
I signed P&S agreement for a Boston house on 03/13/06 but dated my check on 03/12/06(typo, dated 03/12 instead of 03/13). I can walk out based on home inspection with in first 30days of P&S agreement. Unfortunately there is no date on the entire document. My inspection was done on 04/11 and submitted report on the same day. Seller is arguing my check is dated 03/12, so 30 days ends on 04/10/06. As per me 30 days ends on 04/11, because I signed and posted on 03/13(even though my check has different date). I have FedEx tracking information (with mail date/delivery date) to prove my claim. Ideally there should be date on P&S document, but there is none. Agreement refers only P&S date not check date or mail date. That�s why this whole issue came up. I want get out of the agreement. Please advice me what to do and who has better chance to prevail.
Thanks in advance.
1 Answer from Attorneys
Re: P&S Agreement
First, the check date is not necessarily controlling. You can testify as to the date you signed the agreement- if you have a witness, even better. The first day usually doesn't count so if you signed on 3/13, you would argue the 30 day period is 4/12. Even if you go by the check date, the 30 day period would run on 4/11. Did you give the seller written notice that you were terminating the agreement based on the home inspection on 4/11? The P&S usually requires the notice to be delivered to the seller on or before the due date. That being said, the seller has a big advantage becuase presumably the seller or broker is holding your deposit check. If you walk away from the agreement, the seller will keep your deposit. Since you would have to hire a lawyer to try to get the deposit back, I would consider making a deal with the seller- offer half the deposit to walk away.
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