Are any laws broken if a home seller has a realtor place their home on the MLS but then lists their home as a “For Sale By Owner” in their signage?

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Are any laws broken if a home seller has a realtor place their home on the MLS but then lists their home as a “For Sale By Owner” in their signage?

They are acting as their own negotiator, and not following any of the guidelines put on place by real estate law. They are still accepting offers after they accepted our signed contract, with our deposit in escrow, and they are intentionally not allowing the bank appraiser into their home for our appraisal in an effort to make us not meet our contractual deadline for our mortgage commitment. They have another offer.

Asked on August 20, 2015 under Real Estate Law, New York

Answers:

Anne Brady / Law Office of Anne Brady

Answered 5 years ago | Contributor

Contracts for the sale of real estate need to be in writing.  So unless the seller signed your contract, as well as you, they are going to be able to get out of it and accept the better offer.  Even if they did sign, they may be able to find a way out if certain conditions were not met in time.


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