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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116704
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had a signed offer on a home then found out two weeks later

Customer Question

I had a signed offer on a home then found out two weeks later that home was marketed incorrectly. Listed as 4-bed septic when a 3-bed septic system was in place. (on Cape Cod, this is a BIG deal). Seller then dragged feet on getting their septic inspection performed - required to be done by seller under MA law, even though home had been on market 5 months before I put in offer. The offer was clear that time was of essence with a 6 week date to close. Then the seller refused to sign and P & S until the septic insp. was conducted - now delayed more than two weeks due to rain. In the meantime, I must vacate my home as it has been sold. What is my recourse to recover costs incurred for my home inspection, bank appraisal fee and attorney's cost to draft the P & S that was never executed. Any help would be very much appreciated.
So far: I've paid attorney's fee to draft P & S, appraisal from bank and home inspection costs. Can I recover from seller's broker for gross negligence as I now must start over - can I recover anything from seller for failure to act in good faith - listing home with incorrect septic information and refusal to act promptly in getting system checked when putting on the market as (seller's responsibility under MA law)
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Well, you are looking at misrepresentation and failure to disclose from the seller and broker and also a claim of violation of 93A for unfair and deceptive practices as well, which would entitle you to triple damages plus attorney's fees.
First, you need to send them a letter, required under 93A, demanding the refund any deposits and to also pay your damages based on the misrepresentation and negligence in handling this matter (here is a sample 93A letter to modify:
If they refuse to compensate you your reasonable damages you submit under the 93A demand letter, then you can file suit for breach of contract, fraud, misrepresentation and 93A against the Seller and their Broker as well and seek triple damages plus your attorney's fees.