Kerrymoreau, Home Buyer in North Attleboro, MA

In Massachusetts the Seller accepted our offer to buy her house over the phone. Now she won't sign it. Are verbal acceptances legally binding?

Asked by Kerrymoreau, North Attleboro, MA Sun Apr 11, 2010

I made a written offer for a house and gave it along with a check to the realtor in Massachusetts. The owner accepted the offer over the phone but now refuses so sign the offer because she has been offered more money. Is her verbal acceptance binding? They want to return my check

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Answers

5
Although under law a verbal agreement is legally binding it is almost impossible to prove such an agreement was ever given. If it was not recorded you are out of luck. Perhaps the best thing would be to increase your offer.
1 vote Thank Flag Link Sun Apr 11, 2010
Nope, verbal offer or acceptance is not binding.

Good luck to you,
Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Mon Apr 12, 2010
Kerry,
According to the Real Estate Law that is taught in Massachusetts a consideration which is usually a money deposit has to be physically accepted with proof ( usually a signature) by the seller in order for an offer to be legally accepted.
Do not fret over this one property as another great one will come along soon.

Thank you,
Neal Doherty
Jack Conway Realtor
855 East Washington St.
North Attleboro, MA 02760
0 votes Thank Flag Link Mon Apr 12, 2010
A verbal agreement can be legally binding in some cases. Usually there needs to be some proof or consideration given in order to enforce the agreement. In real estate however, it needs to be in writing to be legally binding. No written acceptance by both sides, no deal.
0 votes Thank Flag Link Sun Apr 11, 2010
Kerry, the best you can hope for now is an opportunity to match the other offer - or, as Dan said, increase yours.

The verbal acceptance is not binding.
It would be a courtesy for the seller to allow you to stay in the deal with an increased bid. Let your agent fight for you.

Good luck!
0 votes Thank Flag Link Sun Apr 11, 2010
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