offer to purchase agreement. i am seller

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offer to purchase agreement. i am seller

provision: ‘if seller does not fulfill seller’s obligation uner this ageement, and agreement shall be enforcable both at law and inequity (inclusive of specifi performance).” Is this a common provision? Did my agent protect my interests or did he expose me to legal action?

Asked on May 28, 2009 under Real Estate Law, Massachusetts

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a Massachusetts attorney, but this sounds like standard language to me, and probably does no more than say what the law would allow even if the language wasn't there.  For a complete and reliable understanding of your contract, you should take it to a lawyer in your area, and if you don't have an attorney, one place to find one is our website, http://attorneypages.com

"Specific performance" means that if you are able to sell, but change your mind and try to hold the buyer up for more money, they can go to court and force you to sell at the contract price.  In most states, that's available even if the contract doesn't say so.


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