Am I in Breach of a Verbal Contract

[dennisbell]

What is the name of your state?MASS. - I am a licensed active realtor. My husband, who is not a realtor, and I have listed one of our properties for sale through the MLS; I am acting as part owner/agent which is disclosed.

My husband conducted an Open House (I was absent) and had several prospects show a good deal of interest. One prospect phoned me at home and presented a verbal offer. I phoned my husband who was still conducting the Open House. He reluctantly agreed to accept their price. I phoned back the prospect to tell him the news. No check or contracts have ever been presented or drawn, nor do any exist. Also, all conversations have been just between me and the prospect, or between me and my husband, not a 3-way.

A few hours later my husband phones me back and said he wanted to wait till the end of the week to see if better offers were presented. When I phoned back the prospect to verbalize my husband's decision, he (the prospect) got quite upset. I reiterated that my husband was the one who wanted to wait a few more days, I was willing to proceed. He got quite irate and actually drove to the property at 9:30 p.m. to give my husband a deposit to "seal the deal", but my husband was already asleep and didn't answer the door.

In SUMMARY: The prospect threatens to write a letter to the Board of Realtors stating that I am in breach of contract and is also pulling his offer from the table. He also says he could tie up the sale of the property and drag it out for months. How do I stand legally?

 

[BelizeBreeze]

When and IF this goes to court ask the 'prospect' what provision of the contract you violated?

 

[JETX]

The prospect threatens to write a letter to the Board of Realtors stating that I am in breach of contract and is also pulling his offer from the table. He also says he could tie up the sale of the property and drag it out for months. How do I stand legally?

You 'stand' pretty well. As a "licensed active Realtor", you should know that there is no such thing as a 'verbal' contract for the sale of Real Property. Read your "Statute of Fraud" laws.

Mass Gen Laws:
"CHAPTER 259. PREVENTION OF FRAUDS AND PERJURIES
Chapter 259: Section 1 Actionable contracts; necessity of writing
Section 1. No action shall be brought:
Fourth, Upon a contract for the sale of lands, tenements or hereditaments or of any interest in or concerning them; or,"
Source: http://www.mass.gov/legis/laws/mgl/259-1.htm

 

[HomeGuru]

What is the name of your state?MASS. - I am a licensed active realtor. My husband, who is not a realtor, and I have listed one of our properties for sale through the MLS; I am acting as part owner/agent which is disclosed.

My husband conducted an Open House (I was absent) and had several prospects show a good deal of interest. One prospect phoned me at home and presented a verbal offer. I phoned my husband who was still conducting the Open House. He reluctantly agreed to accept their price. I phoned back the prospect to tell him the news. No check or contracts have ever been presented or drawn, nor do any exist. Also, all conversations have been just between me and the prospect, or between me and my husband, not a 3-way.

A few hours later my husband phones me back and said he wanted to wait till the end of the week to see if better offers were presented. When I phoned back the prospect to verbalize my husband's decision, he (the prospect) got quite upset. I reiterated that my husband was the one who wanted to wait a few more days, I was willing to proceed. He got quite irate and actually drove to the property at 9:30 p.m. to give my husband a deposit to "seal the deal", but my husband was already asleep and didn't answer the door.

In SUMMARY: The prospect threatens to write a letter to the Board of Realtors stating that I am in breach of contract and is also pulling his offer from the table. He also says he could tie up the sale of the property and drag it out for months. How do I stand legally?

**A: you are not in breach of contract since there never was an enforceable contract. Notwithstanding, you engaged in very poor business practice and violated several provisions in your state real estate licensing laws and the Realtor Code of Ethics and Standards of Practice. I suggest you review your methods of selling property with your principal broker as there must be some sort of SOP.