Is there a enforceable contract? and is the seller liable?

Question

The seller promised to sell the house and allowed the buyer-hired New York State Certified Home Inspector did a thorough inspection on the entire house. Afterward, but before any legal documents prepared by lawyers and signed, the seller backed out from the deal. The buyer paid $200 for the inspection fee. Can the buyer recover the fee? and is the seller liable for anything?

Answer 1

The buyer was rather silly in having an inspection performed on a verbal agreement.  At this point, the seller is liable for nothing other than changing his mind.  There was no contract completed.  The buyer is on the hook for the inspection fee.

Answer 2

Verbal contracts in real estate are NOT legally enforceable.

Period.

That is what makes real estate law different from any other type of property law.  The court isn't going to get into a "he said" "she said" battle.

If there is no contract, then there is no legal "meeting of the minds", and therefore, no legal rights on EITHER side.

No, you cannot recover the fee and the seller isn't liable for jack.

Next time, get a Realtor, who will tell you that NO ONE gets a home inspection and wastes money like that until they have a contract to start with.

This is what happens when you try to do things on your own when you don't know what you are doing.  Buying a house isn't like buying a gallon of milk at Walmart.  

GET A PROFESSIONAL.

Answer 3

You would most likely have to take them to small claims court to recover the inspection fee.  Or simply ask them for it.  Not sure about laws in NY, but you might consult with attorney regarding forcing them to perform.