Legal Question in Real Estate Law in Massachusetts

Legal obligations of an Offer to Purchase

I was selling my home and found a buyer through my realestate agent. We signed an offer to purchase with the buyer, but no purchase and sale. We were planning on building a house. We signed the offer to purchase with the contigency that we would be out within 6 months. It turned out that the contractor was shady and we were not certain the house would be built or that the contractor would sell to us. We decided, based on this to not go forth with selling our house. The buyer accepted the deposit back from the realestate agent. Now the buyer is sueing for $27,000.00 under MRCP 12, 15, 19, 20 and 41. Can they do this?


Asked on 4/14/00, 11:21 pm

2 Answers from Attorneys
Michael Baldassarre Law Office of Michael J. Baldassarre

Re: Legal obligations of an Offer to Purchase

The answer to your question all depends upon the terms of the offer you signed.

You need to contact an attorney in your area.

If you are in the North Shore area and would like to discus this matter further,

call. I offer a free consultation my number is 978 465-5158 .

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Answered on 4/29/00, 11:26 am
Stuart Williams

Re: Legal obligations of an Offer to Purchase

I'm surprised you expect an answer to your question.

There are many many possibilities, but 90% of this all hinges on what the "offer to purchase" which you signed actually says.

In general P & S are the more binding of documents, and it appears that you didn't have a lawyer when you signed to accept their offer, which actually helps you, but you clearly need to have a lawyer now and that lawyer will need to read the document.

If you've been served with a Summons and Complaint, which shows that the suit has actually been filed, you must have a lawyer hired very soon; you will lose by default if you don't have a lawyer prepare an Answer (as you should see in the fine print on the Summons you were served!) BY (before?!) 20 days after the suit is entered. You'd better get busy!

People don't sue under MRCP ... those are the state's rules of civil procedure, court rules, and for the most part don't give people rights as much as they govern the rules of warfare over those rights. They do matter, though.

Good luck. You can fax me a copy at (617) 527-1763 if you like, but you should have it read by a lawyer that you will be hiring.

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Answered on 4/24/00, 11:32 pm


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