Nelsen v. Rebello

Memoranda concerning the sale and purchase of real estate which are made on preliminary “offer” forms frequently contemplate more formal purchase and sale agreements. Some of those memoranda amount to binding contracts; others do not. Compare Coan v. Holbrook, 327 Mass. 221, 224 (1951), and Goren v. Royal Invs. Inc., 25 Mass. App. Ct. 137, 141 (1987), with Blomendale v. Imbrescia, 25 Mass. *271App. Ct. 144, 147 (1987). A Superior Court judge, sitting without a jury, determined that the preliminary writing in this case was not a binding contract and denied the plaintiff-buyer’s prayer for specific…