Q: I recently made an offer on a condo and the owner now wants to sell to someone else. What can I do?
I recently made an offer on a co-op apartment via email. The owner accepted my offer, also by email. I filed my application with the corporation, accompanied by a check for $100. The owner and I exchanged many emails. I spent a lot of time and effort preparing a purchase agreement. The two of us met with a broker who offered a different contract. There were many emails between the three of us on issues relating to the contract. At the end, the owner decided not to sell to me, and I suspect it is because she got a better offer. What legal recourse do I have? Can I force her to sell to me at the agreed-upon price? Can I prevent her from selling to someone else? Can I recover damages from her breech of contract?
A: You should consult directly with a civil litigation (contracts) attorney. While it's possible there's an actionable claim here, a contract for real property is not binding without a signature. However, there may be an equitable theory of liability, so please consult with an attorney privately.
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