Question Details

R. Barry, Home Buyer in Reading, MA

I have a signed offer, there was a miscommunication regarding who was going to be responsible for the septic

Asked by R. Barry, Reading, MA Thu Jun 26, 2008

(verbal). The seller lives in another state and will not return the agents phone calls or emails. My understanding is that the offer is legally binding and I should proceed with specific performance.

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Absolutely this should have been reduced to writing either in the contract, or in an amendment to the contract. If a standard state form was used, this may even be addressed in the contract already (most people don't bother to read the fine print, even though they should).

I would talk with your agent and go over the contract line-by-line. If the septic issue was discussed verbally but not reduced to writing, chances are good that the conversation is meaningless (but i'm not a lawyer, so you should consult one!)

Based on the information given, I would suggest that you proceed with the purchase as though all is well, but also keep looking in the meantime as things could get sticky and you may end up having to purchase a different property.

If I can be of any further assistance, please don't hesitate to contact me at - I'm happy to help!


0 votes Thank Flag Link Thu Jun 26, 2008
Another demonstration of why it should always be in writing. I suggest you consult a real estate attorney. Best of luck!
0 votes Thank Flag Link Thu Jun 26, 2008
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