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Property Keyed to Chase
Shattuck v. Klotzbach
Citation:
14 Mass. L. Rptr. 360 (2001)Facts
In July 2001, the plaintiff and defendants began communicating via email regarding the sale of property at 5 Main Street in Marion, Massachusetts. After a previous purchase and sale agreement had been terminated due to the defendants’ inability to procure a wharf license, the parties resumed negotiations. Through a series of emails, they discussed price, contingencies, and closing terms. On September 10, 2001, the defendant responded to the plaintiff’s email about drafting a purchase and sale agreement, stating “Once we sign the P&S we’d like to close ASAP. You may have your attorney send the P&S and deposit check for 10% of purchase price ($182,500) to my attorney.” All emails contained the typed name of the sender at the end. The defendants later refused to complete the transaction, leading to this lawsuit.
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