Legal Question in Real Estate Law in Massachusetts

Seller's right to cancell offer to purchase

I signed an offer to purchase. I do not want to sign the Purchase and Sales Agreement because the buyers have been difficult and are now threatening to take me to Court. The buyer is a lawyer, told me he was pre-approved but has not provided proof. Also, he drafted the Purchase and Sales and says he is not comfortable with signing my ''standard '' Purchase and Sales Agreement. There is no broker involved and I do not trust him due to many other circumstances that are involved. I am told he could lien my home if I do not sign. PLEASE HELP!!! Thank you.


Asked on 10/31/03, 9:42 pm

2 Answers from Attorneys
David Baker Law Office of David Baker

Re: Seller's right to cancell offer to purchase

There are a number of judge's decisions which say that a signed offer to purchase creates a binding contract and the Purchase and Sale agreement is a mere formality. This is why it is always a good idea to talk to a lawyer before signing anything!! Without looking at the papers, I can't tell whether you are bound or what your options might be. Call for an appointment. 617-367-4260. Good luck, David Baker

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Answered on 10/31/03, 11:56 pm

Re: Seller's right to cancell offer to purchase

An offer to purchase is a binding contract. You are not obligated to sign the Purchase and Sale Agreement in the form dictated by the Buyer, but the agreement has to reflect the basic terms of the Offer. Being more precise is difficult without looking at the Offer itself. This is why offers and other such agreements should always be reviewed by an attorney.

You should contact an attorney immediately for advice. Preferably one that regularly deals in real estate matters.

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Answered on 11/01/03, 10:06 am


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