Legal Question in Real Estate Law in New Jersey
must a New Jersey Homeowner accept a full price offer?
2 Answers from Attorneys
In most cases no, but there could be circumstances where accepting a lower price can be contested; such as a claim of discrimination.
This answer relates to usual residential real estate practice. In the contract sense, an offer can always be rejected. So, a potential buyer has no cause of action against a seller who withdraws a property from sale. Technically, the owner has not made an offer but only invited negotiation; it is the potential buyer who makes the offer. However, the owner is not off the hook if the property has been listed by a broker. In that case, if the broker finds a buyer who is ready, willing, and able to buy the property, the broker's commission has been earned. That happens even if the sale never goes through. So, rejecting a full price offer on a listed property may mean that the owner becomes liable to pay the broker its commission.
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