Legal Support for Home Sales | Legal Aid

Questioner

I wanted to sell my house, but now I have doubts. I have not signed any agreements yet. An offer has been made and the real estate agent sent a draft deed and I already had doubts. However, he kept pushing and I asked some questions about it by email. Just before the weekend, after 100 phone calls from him that I did not answer, he sent a purchase deed by email to sign. The potential buyers have made an offer and a building inspection. Can I get out of it and is it free? Can they recover anything from me? I have not signed anything. I am also in the process of getting a divorce and this is officially my own house. I am emotionally unable to To make this choice too. My husband doesn't want me to sell it anyway.

Lawyer

Putting a house up for sale is not an offer in legal terms. So if an offer is made (even if it is the asking price), then no agreement has been reached. That is only the case if you accept the offer. And I gather from your story that you have not done that. So you are not obliged to do anything. You can let the real estate agent know. If he or she continues to be difficult or continues to exert pressure, you can always contact me and then I can see what I can do for you (without obligation) in this regard.

Questioner

Thank you for your quick response. I had accepted the offer verbally on the phone and he mentioned the amount in the deed of concept. I did not promise anything in writing. Can I still get out of it?

Lawyer

In that case too, you can still get out of it, as has been decided in the courts (unless there are very special circumstances). You have not signed anything and there do not seem to be any special circumstances. Let the broker know (indicate that you do not want to sell) and then it should be fine. If not, you can always contact me for help.

Lawyer

In the context of the sale of a home, it is indeed the case that a written agreement is MANDATORY to bind one of the parties. An exception therefore to the principle that an oral agreement is also legally valid.