Legal Question in Real Estate Law in Texas

I put down a check for $10K in earnest money towards an inventory home. The contract was to be signed the upon acceptance of offer price by builder. I received a call from the builders salesperson that the offer has been accepted and set up date to sign the contract. We called on the specified day while on our way over and the agent said that he was just leaving his office and set-up appointment for following day. However, we still went aver to look at the house one more time. When I called the next day, he said not to come as he had already sold the house to someone else. He said that he would send my check back by registered mail. The question is, do I have any recourse at this time? Does this count as a verbal contract or not? Please advise.


Asked on 11/30/10, 9:41 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The agent is a dirty crook, but what he did is legal. In the absence of a written contract, you can't sue over a real estate deal. It's called the statute of frauds (certain types of contracts have to be in writing).

Your agent got a better offer at the last minute, and he screwed you over so he could make an extra $150. He's a scumbag. Tell him I said so.

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Answered on 12/06/10, 3:45 pm


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