Home Buying in Lakeville>Question Details

Sweetmelissa…, Home Buyer in Lakeville, MA

We put an offer in on the property at 1 evergreen rd in lakeville that was accepted by the seller but after a week of waiting they refused to sign

Asked by Sweetmelissa19692, Lakeville, MA Fri Apr 8, 2011

and return the offer forcing us to back out of the deal. The realtor continued to tell us that the seller was not responding to her attempts to contact them and had no advice for us and offered us no other help but to tell us to go ahead and back out. Do I have any recourse. I intend on filing a complaint with the board of realtors and possibly the better business bureau at the very least.

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There are some variables... an offer is never accepted until signed, so if they verbally agree than change their mind there is no recourse. The variable is if the agent was the listing agent or the buyers agent? If the buyers agent they represent you, if the listing aganet they reppresent the seller. either way they can not lie. Your best recourse is the MA RE commission to see if they broke a rule or law,
Web Reference: http://www.ScottSellsNH.com
1 vote Thank Flag Link Fri Apr 8, 2011
In Massachusettes all offers have to be in writing. Because the seller refused to sign the offer I don't feel you have any recourse. I understand you are upset but it looks like the sellers agent did her/his best. Ssince the seller isn't responding there was nothing he/she could do. Situations change and the sellers may have also. Remember the agent also lost a commission and may have put in countless hours on this listing also. No winners here.
0 votes Thank Flag Link Wed Aug 15, 2012
Be careful accepting legal advice from non-lawyers. I am not one, so I will suggest that you consult one. They'll ask if there was a signed agreement, if your check(s) were cashed by the real estate company, and a few other things. It sounds like something may have happened in the sellers situation that even the agent didn't understand. Usually in this kind of situation, the property is taken off the market, too. It is only much later that the actual reasons for the sellers' actions become known.
Web Reference: http://www.reindex.com
0 votes Thank Flag Link Fri Apr 8, 2011
Even with a signed offer it would be timely and costly to presue a specific performance action. I just had a signed offer by both parties and the seller backed out just as we were to perform our inspection.

Web Reference: http://www.LouisWolfson.net
0 votes Thank Flag Link Fri Apr 8, 2011
All of the replies are correct. Here in Massachusetts, unless you have a signed agreement, you have no recourse. The sellers must accept your offer, and both you and the sellers must sign the agreement to be valid.

You didn't say whether you are dealing with the listing agent or with your own buyer's agent. In either case, and for whatever reason, the sellers apparently decided not to accept your offer.

Based on the information provided, it does not appear that the real estate agent did any wrongdoing. Thus, you have no complaint. Your best option at this point may simply be to move on and find another home you'd like to buy.

Good luck!
Web Reference: http://lew.bestchoice.net
0 votes Thank Flag Link Fri Apr 8, 2011
Hi "SweetMelissa", agree with Phil and Scott, there is no agreement under law if an Offer is not signed by both all) parties. Statute of Frauds dictates real estate transactions must be in writing ... verbal is not good enough. In this case there was no "acceptance" of your offer in writing.

I don't know all the facts of your case, so obviously I don't know all the details or the timeline of what happened. I also cannot tell if you had a buyer agent on your side, or if you were dealing with a seller's agent.

I am a member of the local PASS Realtors (Plymouth Area South Shore) ... the same local board where you file a complaint. If you want to talk about it further, please give me a call or email. Just rollover my name with your mouse for the contact info.

0 votes Thank Flag Link Fri Apr 8, 2011
A verbally accepted offer means nothing and from what you are saying you buyer's agent has done nothing wrong... with that said, it is upsetting and people tend to naturally look for someone to blame...
0 votes Thank Flag Link Fri Apr 8, 2011
There is no executed contract unless you have it in writing signed and initialed by all parties.
For some reason or another this was not meant to be.
I would just move on.
Web Reference: http://www.321property.com
0 votes Thank Flag Link Fri Apr 8, 2011
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