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We sold our condo in November of 2009. We had a new house lined up-offer was accepted (per our realtor) after a little negotiation, had the home inspection, came to agreement on home inspection items. Two weeks before close we find out that our realtor never physically got the signed offer in hand (was supposed to get at home inspection) and the sellers were backing out (couldn't get financing on next home). They were an elderly couple and the wife wanted to move, but not the husband as much. The family was trying to convince them, and their son in law owned the realty agency that listed the property. It seemed they were going to convince them, then their realty agency pulled the listing from MLS without even telling our agent. My gut says they never had a signed offer, and the kids were likely the ones who made the home inspection repair decisions. We were left with a newborn and pets and nowhere to live. Fortunately we were able to keep our pets (we stayed with family with the dog, and another family member kept the two cats). As a result, though, we wasted the cost of the home inspection, had to pay for storage (and our furniture took the abuse of three moves instead of one - out of the house, into storage, out of storage and into the house, instead of just straight from house to house). That's part 1.

Part 2 is that everyone in our buyer's agency knew our situation. They got a listing and we went to see it, even though it was above our price range. Considering how much sensitive (if not confidential information we had on them), I think the whole transaction was definitely not arms length. We were encouraged not to ask for repairs after inspection (offer was signed by husband only, under court order giving him the right to, because wife (to be ex-wife) didn't want to sell. We were told roof was cosmetic. Our inspector said it would need to be replaced soon (well, one week after moving in, shingles were flying off). Owner (wife) was at home inspection, making it awkward and was still moving out when we did walk through (so we ended up with stuff that should have been gone, including a bunch of junk in the back yard). It was our first house buying experience and our agent didn't have us check yard, and we never thought of it. Basically, as first time house (but not property, we had a condo) buyers we depended on our realtors and aren't sure that everything was on the up and up. Is there a case, and is it worth exploring our options of the responsibility of both agencies (sellers, and ours) for everything that went wrong? Negligence, at best, for not getting a signed offer in hand, to unethical/illegal (?) at worst (sharing confidential information, selling property with no right to...) Help!

Editor's Response

Without reviewing all of the documentation, all I can do is agree that it certainly smells fishy.  Preliminary (as you try to decide if the amount of damages you suffered justifies hiring a MA real estate litigation attorney)  You may want to contact the Office of Consumer Affairs and Business Regulation Consumer Hotline  at 617-973-8787.  You may also want to check out the regulations at the website of the Board of Registration of Real Estate Brokers & Salesperson.  If you decide to contact an attorney, he or she will likely tell you that, in some cases, conduct that violates our Consumer Protection Act may entitle you to attorney's fees and/or triple damages.  Good luck. 

Thank you so much for your

Thank you so much for your help. We will do that. I'm a little hesitant, because the real estate practices down here seem really suspect and I'd be worried about backlash/retribution when we go to sell.

Editor's Response

The vast majority of real estate professionals have high ethical standards.  When you go to sell, you will have no trouble finding ethical brokers who will help you connect with other brokers and agents that represent buyers.  Good luck.

Thanks again. I think we

Thanks again. I think we have two issues, what the would-be sellers did, and then possibly what happened on the home we did actually buy. We're more upset about the first, I think we'll start with that.

Move on

Without looking at the "whole" deal, sounds like the Realtor should have provided the signed offer to you. Even then, with the banking regulations on financing its possible that the seller could not get a loan, they should have made sure they had financing before listing their home. I would just move on, sounds like the realtor didn't make any money, you did not get the house and the sellers couldn't sell their home. Sounds like no winners.

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