Home Buying in Salem>Question Details

Kenny, Home Buyer in Salem, MA

If the sellers agent and the sellers, agree to reduce 2,000 off off agreed price, due to plumbing and other issues, and the buyers agent and buyers

Asked by Kenny, Salem, MA Wed Feb 17, 2010

receive an agreement to do so via email/blackberry, can the sellers and sellers agent refuse to honor the
commitment to reduce the price by 2,000 the next day?

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Answers

7
Territory.com’s answer
Do you have a real estate attorney? if so, consult them immediately. If you have it in writing from them you should have some recourse. At the very least you may be able to have your attorney scare them into the honoring it.

Good luck!

http://territoryre.com
Web Reference: http://territoryre.com
1 vote Thank Flag Link Wed Feb 17, 2010
In writing is best, signed by the Seller, however, if the agent is credible and sent it to you via text, just make sure you keep that e-mail/text. If all else fails and Seller's refuse later, it can come out of the Agent's commission. An email is usually considered binding.

Also make sure it's clear as to what they have agreed to.
0 votes Thank Flag Link Wed May 26, 2010
Kenny:

Many attorneys will consider an email binding, and you will need to bring the evidence forward. Best of luck.
0 votes Thank Flag Link Wed Feb 17, 2010
ALWAYS get it in writing. If the seller agrees and you agree and now the seller is backing out? Doesn't sound very ethical to me. Make sure it is in writing.
0 votes Thank Flag Link Wed Feb 17, 2010
Your buyers agent should be sure to get it in writing and have all parties sign. The seller can accept another offer until you have signatures. Get it signed!
Web Reference: http://www.mdmrealtyinc.com
0 votes Thank Flag Link Wed Feb 17, 2010
Any agreements in real estate must be in writing. Although laws have changed slightly for electronics, how long do you want to pursue the agreement in court? And how much do you want to pay an attorney to do so?
Web Reference: http://www.lynnforsale.com
0 votes Thank Flag Link Wed Feb 17, 2010
kenny in the past if it wasnt in writing, it wasnt enforceable, Now with the new electronic signature laws, emails are considered valid if all parties agreed and there was "a meeting of the monds" some states however may have different laws so checking with a real estate attorney or googling your states laws may be best.
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Wed Feb 17, 2010
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