I put an accepted offer on a home. Seller is still showing home and agent still has it listed for sale.

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I put an accepted offer on a home. Seller is still showing home and agent still has it listed for sale.

Is this allowed?

Asked on October 1, 2018 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

While the seller cannot sell the home to someone else since there is a valid sales contract with you in place, there is no legal prohibition against them continuing to show the home to prospective buyers in the event that your deal falls through. This way, they will have a back-up buyer and not lose precious time regarding a closing.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is perfectly legal: the seller cannot SELL the home to someone else unless you breach the contract to buy the home or the agreement is validly terminated for some other reason (e.g. due to an inspection or financing contingency), but nothing stops him from showing the home so as to be better positioned to get another offer quickly if your purchase does not work out for some reason. Showing is not selling.


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