What are my legal rights when I have a signed contracting stating I am buying a piece of property and another person has the same contract for the same property. The realtor messed up and apparently told the back up offer they moved to primary but I am?

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What are my legal rights when I have a signed contracting stating I am buying a piece of property and another person has the same contract for the same property. The realtor messed up and apparently told the back up offer they moved to primary but I am?

Selling agent promised and signed
contracts to two different families.
Both feel we have primary and neither
are back up. The other buyer apparently
was sent a ln addendum telling him he
was the back up offer an hour after the
realtor realized it wasn’t on the
paperwork and he refused to sign it.
What are my legal rights as the other
buyer who has a signed purchase
agreement?

Asked on September 6, 2017 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have the right to either buy the home or get monetary compensation (e.g. for costs you have incurred) due to the breach of contract: when you have a signed contract, you either get the thing, property, service, etc. you signed up for, or you get compensation if the other side does not or cannot provide it. You would need to sue to enforce the contract or for compensation if not voluntarily provided (see below).
Between you and the other alleged buyer: a court would give priority to the one who signed the contract first, which appears to be you. However, if among you, the other buyer, and the seller, you cannot voluntarily work this out and the seller tries to sell to the other buyer, you'd need to sue both the seller and the other buyer, to get all three of you in court, so that a judge could decide what to do and issue a ruling binding on all (courts only have power over the parties in front of them in the case).


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