When is a Deal not a Deal?

Posted in the Falmouth Forum

Brian Murphy

Hingham, MA

#1 Apr 19, 2013
The answer to my byline is when you are dealing with Warren Dalton (Westwinds Cottages, LLC), a real estate developer and his broker John Weyand (Sotheby's)both of Falmouth. I feel compelled to tell my story as I am motivated to protect consumers against the unscrupulous practices followed by Messrs Dalton and Weyand. On March 29 2013, my wife and I reached an agreement to purchase Unit #3 located in Mr. Dalton's new condominium project in West Falmouth. We all shook hands and exchanged hugs on what was ostensibly a very happy occasion. That very day, Sotheby's changed the MLS listing of the property from active to under agreement, giving my wife and I great comfort we had purchased a home we strongly wish to live in. Despite our desire to place a deposit and sign an offer letter that day, Messrs Dalton and Weyand insisted we go directly to purchase and sale agreement. To give us comfort we had a binding deal absent a written offer letter, we were also told by Mr Weyand, in the presence of Mr. Dalton, that Mr. Dalton's "Word is his bond." Two nights ago we were informed by our broker that Mr. Dalton had sold the property to another party. Needless to say, this came as a shock to my wife and I as draft purchase and sale agreements were being exchanged by respective lawyers. In addition, we did not even get the courtesy of a phone call from either Mr. Dalton or Mr. Weyand giving us the opportunity to address any concerns Mr. Dalton may have had about our commitment to purchase Unit #3. Mr. Dalton's actions have put my wife and I in a rather untenable situation as we are closing on the sale of our current home in 2 weeks. This leaves us with no place to live and having to place all of our belongings into storage. Obviously, we will incur significant unexpected costs as a result. The moral of the story is the old adage of "trust but verify" should always be applied particularly when dealing with the individuals mentioned above. I'm hoping that our story will not be buried as I truly believe we were the victims of unfair and deceptive business practices and possibly fraud.

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