Asked in Real Estate Law for Massachusetts

Q: Can a buyer legally back out of a purchase and sale agreement if an error exists in the listing?

Both myself and the seller have signed the P&S agreement, and I have submitted the deposit check. The home is in a rural area, and the listing states cable internet is available. I just found out there is no high speed Internet available in the area. Can I legally back out of the deal and regain the deposit? If it is a gray area, is there any weight in my favor with the fact that my job relies on fast and reliable internet access? Thank you in advance.

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2 Lawyer Answers
Christopher Tolley
Christopher Tolley
Answered
  • Boston, MA
  • Licensed in Massachusetts

A: If the listing said cable internet is available and cable internet is available, the listing is not in error. The listing does not say high speed internet access, so if that is what you need, the listing cannot form a basis for your getting out of the deal.

Nevertheless, I suggest you approach the seller and explain the situation and ask for your deposit back. If the property has not been of the market for long, the seller may be willing to do this.

Michael Monteforte and Tim Akpinar agree with this answer

Michael Monteforte
Michael Monteforte
Answered
  • Wilmington, MA
  • Licensed in Massachusetts

A: Attorney Tolley is correct. 100%

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