A recent case illustrates how “playing hardball” in a home sale doesn’t get you to home base. In addition, you could lose not only the game but also both the ball and the bat.
In the case of Schaumberg v. Friedmann , the Appeals Court of Massachusetts awarded buyers triple damages against a seller for inspection and appraisal fees, as well as reimbursement of attorney fees incurred in a dispute over the return of a $100,000 deposit. Under what appears to be a customary agreement of sale the buyer had the right to a return of the deposit if the seller could not deliver “good, clear and marketable title free from encumbrances.”
Closing Problems
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