Legal Question in Real Estate Law in Massachusetts

Purchase & Sale Dilemma

My wife & I made an offer on a house that was verbally accepted

by the seller. The seller was sent a written offer that she failed to

sign. We then signed a P&S that was contingent on sale of our

home, with a 48-hour right of first refusal clause. This would give

us time to do a bridge loan if necessary. The seller has yet to sign

the P&S and the agent handling the sales of both our home and

the one we have the offer on has indicated that she expects an

offer on the other home any day now. Without a signed P&S, we

can not do a bridge loan or anything else for that matter. Do we

have any legal options?


Asked on 4/14/03, 4:51 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Purchase & Sale Dilemma

In order for an offer to be binding it must be in writing and signed by all parties. If the seller has failed to sign the offer then you do not have a binding offer to purchase the home and probably should not be relying on the seller's oral representations regarding the sale. Your options would be to require the seller to immediately sign the offer or purchase and sale agreement or look for another property to purchase. Normally, offers are only good for a limited timeframe and the seller must accept or reject in the stated timeframe. Without a signed offer, you have no recourse against the seller is they back out of the deal and refuse to sell you the home.

Read more
Answered on 4/14/03, 6:16 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts