Wednesday 22 January 2014

I live in ma. If as a seller i have not yat signed a purchase and sales agreement, only an offer, can i back out of the sale without penalti...

Question

I live in ma. If as a seller i have not yat signed a purchase and sales agreement, only an offer, can i back out of the sale without penalties? Thank you.



Answer

Generally speaking, yes, and you would obviously need to return the buyer's deposit. I welcome the input of others, but the offer probably states that the parties agree to enter into a mutually satisfactory purchase and sale. You may have a problem if you simply refuse to negotiate with the buyer in good faith, or if you pull out of the deal to take another offer. I wouldn't do anything without an attorney reviewing your specific situation. You should have an attorney representing you regardless!



Answer

I wrote an article on this problem that was published in the Massachusetts Lawyers Weekly many years ago and the short answers are (1) Attorney Vaughn-Martel's advice is generally correct but (2) no one can give you answer upon which you can rely without first reviewing the Offer you signed and (3) a real estate lawyer can't properly advice you without talking to you to find out what is really going on.



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