Wednesday, May 30, 2007

Offers without the "Magic Language"

What happens when you do not use the "magic language" from Goren? (See my Earlier Post: Magic Language for Offers)

You more than likely have an enforceable agreement.

That was set out in McCarthy v. Tobin, 429 Mass. 84, 706 N.E.2d 629 (1999) when the
Greater Boston Real Estate Board form of offer was found to be enough to make an enforceable agreement. In that decision, the SJC particularly noted the preprinted language: " NOTICE. This is a legal document that creates binding obligations. If not understood, consult an attorney."

The latest casualty of not using the "magic language" is in Kruker v. Shoestring Properties, 68 Mass. App. Ct. 644, 864 N.E.2d 24 (April 12, 2007).

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