Legal Question in Real Estate Law in Indiana

specific performance of sales agreement

A written offer to purchase was submitted to a contracted agent of HUD. They sent an e-mail confirming bid was accepted (including confirmation # of bid acceptance) and posed on the HUD website that an accepted bid was received. The HUD contracted agent is now stating they are not accepting the bid as they feel they can get more for the home. Can the buyer sue this HUD contracted agent for specific performance based on the e-mail accepting the bid?

Asked on 7/09/09, 7:22 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: specific performance of sales agreement

Thank you for youe inquiry. Contracts for the purchase of real property must comply with the Statute of Frauds. The question is does the emailed acceptance comply with the Statute of Frauds. There are courts that have said they do. I am not familiar with any Indiana cases on the subject. I would give it a try.

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Answered on 7/09/09, 8:47 am

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