Is it legal for the house sellers agent to contact the party of a previously rejected offer?

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Is it legal for the house sellers agent to contact the party of a previously rejected offer?

We recently put an offer on a house. We were told there were no other offers. We were told that there was a previously rejected offer. After submitting out offer we were told that the previous offer was rejected due to a discrepancy with the land. Because of this they are contacting the previous party to see if they want to put another offer against ours. Can this be done?

Asked on July 19, 2010 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A party can take as many offers that they want on a house and there can be what is known as "bidding wars" for the same house.  If the seller rejected the prior offer because of a miscommunication with the land and they now want to correct the mistake, I do not see how you can stop them.  Are you going through a broker?  A broker is generally the agent of the seller and has an obligation to them and not to you.  So if the miscommunication is on their part then they have to rectify it.  Realize, though, that you are being played against the other bidders. Decide if you really want this house and it is worth the bidding war that is about to start.  It may be and it may not be. That is a decision for only you to make.  Good luck. 


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