Legal Question in Real Estate Law in Massachusetts
sellers backing out
My husband & I recently put in an offer to purchase a house. The seller agreed. The seller & his wife had an argument & want to back out. Can they back out & resell the house for more money or can this be prevented? We really want the house.
2 Answers from Attorneys
Re: sellers backing out
If the buyer and seller have signed an Offer to Purchase agreement, a court may enforce the agreement and force the seller to perform according to the terms in the Offer to Purchase. You will need to retain an attorney and file a lawsuit to compel the seller to perform according to the Offer to Purchase agreement.
Re: sellers backing out
Depends on whether they agreement was in writing; a verbal acceptance probably not going to carry the day.
If they did sign the purchase and sales agreement and you have not breached it, you may be able to force them to sell to you which is called specific performance.
In the alternative, if you end up buying a another comparable house for more money, you may have a claim for the difference you paid.
See a lawyer.
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