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    I made a CASH offer to buy an apartment they were asking for $125,000 (regular sale) i offered $126,000 the same day, the Seller's realtor sent a Email to my realtor Accepting my offer and saying that the contract would be signed that same night and they will send it to my realtor the next day, so my realtor called me the next day (today) telling me that they accepted my offer, and everything was ok. hours later my Realtor called me again telling me that the seller's realtor saw a higher offer for $131,000 and if i give them $131,500 they will get mine offert. SO MY QUESTION IS THIS ONE, CAN THEY DO THAT? I MEAN AFTER THEY WROTE THAT EMAIL, SAYING THAT THEY ACCEPT MINE FOR $126, CAN THEY CHANGE IT? I HAVE UNDERSTAND THAT EMAIL IS A SECURED AND LEGAL WAY TO DO LEGAL STUFF. SO I DONT KNOW WHAT TO DO, I ACCEPTED THE OFFER, BECAUSE THE APARTMENT ITS REALLY GOOD, BUT CAN THEY DO THAT? SHOULD I SUE? IF I SUE THEM, CAN I MAKE THEM SELL Texas THE APARTMENT FOR WHAT THEY SAID BEFORE?

    This is down right UNethical behavior. Keep that email of acceptance your Realtor received as your evidence!! 1. The seller has the right to choose the highest and best offer for his property BEFORE he accepts all offers. HOWEVER, 2. if your offer was ALREADY ACCEPTED by the seller and you were notified, (Your Realtor's email) The seller can not go back to you to extort more money on an already accepted contract. You may not be able to sue this guy but you may be able to turn him in to the Department of Business and Professional Regulation in your state. Please note the important fact here is he already accepted your offer first and notified you! If a Realtor has been sited for a complaint from a client, the complaint is first sent here called the "DBPR". They will review the complaint and if they decide it was a violation they will assign a case number and hold hearings to investigate if the complaint is valid. If they find it is a valid complaint, then the case will be forward to your state's Real Estate Commission. This commission administers and enforces each state's Real Estate law for all the of all the Realtors in your state. The Real Estate Commission will study the complaint review the hearings then enforce judgement. If found guilty, the seller's Realtor could be sited for unethical behavior and fined a hefty amount of money for violating the code of ethics in your state. Have your Realtor assist you with this. The National Association of Realtors does not condone this unethical behavior of extortion and you need to get with your Realtor to find out the RE laws in your state. There should be an 800 number to call. For instance, Google your DBPR in your state, find the number, call in the morning (Better chance of getting someone on the phone) and ask if this is a violation and how to submit a complaint. Find out all the information you can about this process. Then instruct your Realtor to re-negotiate the transaction letting them know he has an email of intent to accept your offer. Let that seller's Realtor understand that if he is trying to extort money and raise the bid AFTER acceptance, you will file an ethics complaint against the BROKER AND the REALTOR of that company with your state's DBPR. Perhaps he will have a change of heart and sell you the property afterall. If not, Go after this guy hard and fast. Even if it is your word against his, the REC in your state will listen to your complaint, and then decide if this was a violation of the Realtor ethics code or not. Good luck to you. I hope this guy gets reprimanded hard for his horrible display of ethics. Realtors that exhibit this kind of behavior need to be dealt with as they give the honest hard working Realtors a bad name. Realtors across the nation are REQUIRED to take an ethics class every two years and they are tested. They are required to stand by the NRA Code of Ethics. I hope this helps.

    I'm not a lawyer so perhaps I'm not the best to give you help with this. If you are serious about suing them you should consult with a lawyer. However, I can tell you that legal fees will probably cost you the difference in prices and it will leave a bitter taste in everyone's mouth. If you want the apartment it's probably best to pay the $131,500, although you should talk with your realtor and ask if there's any way they could come down on the price.

    Sounds like a trick to me, saying they had a higher offer but they didn't, they just wanted more money from you because your bank said you could spend more or they know you have some money somewhere. And yes, realtors are doing that these days, and it seems wrong yet they're still doing it. Can you sue them, probably it wouldn't stick. The choice you have is "buyer beware". And, you could walk away or not.

    Yes, they can do what they did. Why ? Because that email correspondence does NOT stand as an accepted offer. It is merely communication that they intended to accept your offer. Until an offer to purchase is signed by BOTH buyer and seller, and both have copies, there is no accepted offer. Understand that emails are NOT considered binding in a real estate transaction.

    All real estate contracts MUST be in writing and signed. since you did not have a legally binding contract, you did not have any rights to the property.

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