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.

Related Topics:
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
  • Woburn, MA
  • Licensed in Massachusetts

A: Attorney Tolley is correct. 100%

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.