Orlando, FL asked in Real Estate Law for Florida

Q: If a real estate Buyer makes an offer on a house actively listed with a real estate agent.

And the seller decides not to sell. Does the buyer have any rights to make the seller sell?

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5 Lawyer Answers
Jennifer Isaksen
Jennifer Isaksen
Answered
  • Bushnell, FL
  • Licensed in Florida

A: As long as there is no Contract, the Seller could take the house off the market and the person making the offer would not have any rights. If there was a Contract or if the person can prove the Seller is discriminating against the potential Buyer by not accepting the offer, but is continuing to market the home to other Buyers, then they may be able to force the sale and/or recover damages.

1 user found this answer helpful

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: The existing contract between the seller and the seller's real estate agent probably says that if the house is listed at a price agreed to between the agent and the seller and then a buyer makes a full price cash offer, then the seller is obligated to pay the agent its commission even if the seller refuses to sell at the asking price. However, there is no contract between the potential buyer and the seller, so the seller is not obligated to go through with accepting the full price offer.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: Between the buyer and seller no so long as no contract was signed. There might be an issue as to the realtor commission as the realtor produced a buyer.

Good luck.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: An offer is irrelevant as it could be rejected by seller for any reason. It seller ACCEPTED the offer and under contract then seller cannot change his/her mind now, no, and could be forced to sell.

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