Steven S. Bloom, Esq.
Cushner & Bloom, P.C.
1170 Beacon Street Brookline MA 02446
The Rhode Island Supreme Court licenses all attorneys in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.
Steven Bloom, Esq., is licensed to practice in the Commonwealth of Massachusetts. Steven Bloom, Esq. is also licensed to practice in the State of Rhode Island.
Our Office is located in Brookline, Massachusetts. The information provided in this Web Page Set is offered for informational purposes only; it is not offered and does not constitute legal advice.
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The information provided in this Web Page Set is offered for informational purposes only; it is not offered and does not constitute legal advice. Although we intend to keep this information current, we do not promise or guarantee that the information is correct, complete or up-to-date. You should not act or rely upon the information in this Web Page Set without seeking the advice of an attorney.
Cushner & Bloom, P.C. does not seek to represent you based upon your visit or review of this Web Page Set. The attorney-client relationship does not begin until Cushner & Bloom has evaluated the potential client's case and a contract between Cushner & Bloom, P.C. has been agreed upon.
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Sellers and Buyers
The Offer Form
Party Bound By Offer
The Massachusetts Supreme Judicial Court decided, in the case of McCarthy v. Tobin, that the parties to an Offer to Purchase Real Estate Form were bound by the terms of the Form. The Buyer and Seller were bound even though the Purchase and Sale Agreement was not signed by both. In this case, the Buyer and Seller were contractually bound despite the typewritten addition to the pre-printed, standard, Real Estate Board "Offer To Purchase Form", which stated:
"Subject to a Purchase and Sale Agreement satisfactory to Buyer and Seller." The Court held that since the Offer Form contained an offer to purchase, an acceptance of the offer, the purchase price, a description of the property and a closing date, it was a binding contract reflecting the parties' intent to buy and sell the property. The Court noted that if the parties agree to all material terms of a transaction, it may be inferred that the purpose of a final document (satisfactory Purchase and Sale Agreement) which the parties agree to sign is to serve as a polished memorandum of an already binding contract. The Court ordered that the property, a condominium, be transferred from Tobin to McCarthy, even though Tobin had already sold the unit to someone else!!! The answer to whether parties are bound by an Offer depends heavily on the facts of each case.
Most real estate purchases begin with the Buyer submitting a written Offer to the Seller. We believe that all Offers should be carefully reviewed by an experienced real estate attorney before they are submitted to the Seller (often, through the Listing Broker). The Offer is a legal document and may lead the parties to unexpected and unpleasant, costly results.
Phone: (617) 608-0019
Fax: (617) 608-0022