Legal Question in Real Estate Law in Michigan

back in Nov. 2009 we signed a purchase aggreement on a cottage, we went threw real estate, all the proper paper work was done, had the funds to buy it, when we went to meet the people at this cottage, they were packing, but informed us they wasn't going to sell, stated it was to emotional. We went to a lawyer, he sent them letters informing them they needed to honor the P/A, they again refused, so we dropped it. Now, 9 months later it is for sale again for 30,000 more then we had agreed on, What, if any rights do we have to get this place for the price that was agreed on. Thank you Gail


Asked on 8/08/10, 12:53 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

If the seller signed the purchase agreement that you presented, then you have a deal, and it's binding on the seller. If you signed an offer and that offer was never accepted, then you have nothing but the opportunity to make another offer on the property.

Sellers are not obligated to sell to anyone at any price, unless and until they sign a purchase agreement accepting a buyer's offer. Sellers may owe a broker commission if the broker brings a full price and terms offer, and the seller refuses to accept, and close the transaction.

If you hired an attorney, 9 months ago, and his position was that the seller was obligated to proceed with the sale, why didn't he file an action for specific performance?

I suspect that either the seller's acceptance did not mirror the buyer's offer, or there was a contingency, such as a condition precedent to the formation of a contract that was not met.

If in fact, you had a "meeting of the minds" and a fully executed purchase agreement contract, it is not too late to force the seller to comply with the terms of the contract. A real estate attorney can apply the law to the facts of your case with more specific information and a review of the relevant documents.

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Answered on 8/13/10, 2:49 pm


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