Expert: Dick Dennis - 3/5/2010

Question
If a home plus outbuildings and land is listed with a realtor, the listing is posted MLS, can the seller then claim that the realtor got the facts wrong and that portions of the offer were not included in the asking price? We are trying to buy this property that has been advertised at a certain price, such price included a number of boat docks, garages and acreage. The seller now claims that the realtor got it all wrong, even though it has been listed for over 90 days at that price? And does the seller have to sell such property, everything included in the asking price, at that asking price if we offer to buy it at full price?

Answer
As long as your offer gives the seller what was listed in the listing, Jean, and as long as there is not even a tiny-bit difference, yes, the seller is obligated to sell to the offerer. However, the seller can still refuse to sell . . . at his financial peril. The buyer would then have to prove in court that he did make the offer as listed and force the seller to sell per the offer under "specific performance." The listing agent has earned his commission, even if the seller does not want to sell. But that does not pertain to you.

You need to contact a good REAL ESTATE attorney to start the ball rolling for a specific performance in this situation. Probably the first thing the attorney would do is to order a copy of the listing document to make sure that you did make the offer as listed. Then he starts negotiating with the seller's attorney (the seller should have one, too) and then the fight starts. A good attorney should give you a satisfactory result, not to mention your attorney fees. I do wish you well.

Dick Dennis
dixiedee13@aol.com