Legal Question in Real Estate Law in Massachusetts

Seller Withdrew After Offer

An offer was made and agreed upon, a P&S was then drawn-up and signed by the buyer. The deposit had already been cashed (or put into escrow). Can I hold the seller on the first binding contract (offer).

He verbally stated to me after pulling out ''I was told by another RE-agent I can get more money for the home than what we agreed upon''.

Thanks


Asked on 4/22/05, 9:34 pm

3 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Re: Seller Withdrew After Offer

It depends on the wording of the contract. You should consult a lawyer to read the offer and interpret the contract.

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Answered on 4/23/05, 7:08 am
Joseph Murray Joseph M. Murray, Esq.

Re: Seller Withdrew After Offer

There is case law in Massachusetts that recognizes an Offer to Purchase as a binding contract. Retain an attorney to read the offer and discuss what followed to determine whether you have a binding contract. Good Luck!

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Answered on 4/23/05, 1:48 pm

Re: Seller Withdrew After Offer

An offer to purchase has been determined to be a binding contract. You should contact an attorney to review the documentation and advise you.

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Answered on 4/23/05, 3:43 pm


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