Legal Question in Real Estate Law in Maryland

Seller backs out of signed contract

I submitted a offer to purchase a home. The seller's agent called my agent and told him that the contract had been accepted, but the seller wanted to add a addendum for home of choice and wanted me to increase the earnest money. When my agent (buyer's agent) received the signed contract (a few days later) neither change/addendum was included. 2 weeks later the seller decided that they did not want to sell their house. Sellers then said that they signed the addendum and that it was given to their agent to give to me. As a result they are now saying that the addendum, that I never received, served as a counter offer and since it wasn't accepted by me there is no contract. Is the signed contract I received (without the addendum) a valid contract?


Asked on 7/23/05, 1:04 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Seller backs out of signed contract

Once you received the signed contract back from the seller's agent, it became binding and enforceable. The seller's belated effort to amend the contract is irrelevant and cannot serve to allow them to back out. You should tell your agent, or better yet, have an attorney, inform the seller in writing that you consider the contract to be binding and you are proceeding with loan approval (if applicable), etc., in contemplation of settlement. If the seller continues to balk, you can file a suit for specific performance, which will prevent the seller from selling it to someone else while the suit is pending. They'll probably cooperate if you do that.

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Answered on 7/25/05, 9:37 am


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