Q: Do I need a contract or real estate attorney?
We put in an offer on a short sale home yesterday. We were aware there was also another offer on the house so we actually offered more than the asking price. We were informed by the seller agent that we were the high offer and she would submit our bid to the bank for their approval. However, last night she took our actual offer, i.e. amount, earnest money amount, etc. and gave that info to the low bidder. They then submitted a bid for $10,000 more than our offer. I know this is highly unethical in North Carolina, and she'll hear from the RECommission. But my question is: Is there any recourse for us to stop the sale to the other bidders? Seems like a grey area as far as illegality, but is that contract enforceable if the information was obtained, possibly, through an illegal/unethical action by the seller agent? Any legitimate argument that the contract is void?
A:
You need a real estate litigation attorney. If the seller of the property accepted your offer then you could sue for specific performance. If the seller never accepted your offer there was no contract - no meeting of the minds so there would be nothing to enforce and no way to interfere with the contract between the seller and the other buyer.
However, I am not a real estate litigation lawyer. You might want to check with one.
A:
You need a real estate litigation attorney. If the seller of the property accepted your offer then you could sue for specific performance. If the seller never accepted your offer there was no contract - no meeting of the minds so there would be nothing to enforce and no way to interfere with the contract between the seller and the other buyer.
However, I am not a real estate litigation lawyer. You might want to check with one.
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