You've made an offer, the seller accepted it, and all of a sudden, your agent calls you to say that the seller is accepting another offer instead of yours. Can this really happen? .... Unfortunately, yes.
This is a frequent question where the answer can fall into a gray area depending on how far along you are in the transaction. First of all, if you happen to be in this particular situation now, contact your attorney immediately. I am not an attorney, nor will I, or can I offer legal advice.
Let's say you place an offer with the seller, and after some negotiating, you come to an agreement on all terms. In order for the offer to be valid, it must be signed by both parties. A verbal contract is virtually unenforceable. (again, contact your attorney)
In our area of Fairfield County, most offers are written on binder forms (which are not considered contracts). The sellers attorney will prepare a contract based upon the terms and conditions as set forth in the fully executed binder agreement.
If the seller has not signed the binder, and another offer comes in, that seller can accept that offer, and not even give you the option, or the opportunity to change your already verbally accepted offer. A verbal acceptance means virtually nothing until you have an authorized agreement.
As a matter of fact, ALL offers must be presented to the seller up until the time of closing. The seller may choose not to accept another offer, depending on a variety of factors, including first and foremost, his attorney's advice which will most certainly take into account how far along course the transaction is, and what damages may be incurred if the seller chooses to take that offer.
The best thing to do is to perform as per your agreement as outlined in your agreement. Your agent will guide you to stay within the guidelines that are set forth and hopefully avert this kind of thing from happening. .... and I just happen to know a great agent! Contact me when you are ready to buy, and I will be your advocate. Here are a few testimonials.