[OhioLawyerF5]

Originally Posted by Mark17

Why is it then, that thousands upon thousands of real estate transactions settle at amounts greater than the listing price? I'm sure many of them include the material terms of sale (as-is, up-front deposit, balance at close, buyer pays normal buying fees, title transfer, etc.)



Some real estate transactions involve millions of dollars. Why don't we hear of widespread lawsuits, and why would the transaction price ever be higher than the list price? According to you, first buyer to offer full ask gets it, period. No need for him to go above that figure, and futile for a subsequent offer.



Or does the law trteat real estate as a separate animal (and if so, why?)

Because he doesn't understand the difference between including terms of sale in your ad and including terms clearly evidencing an intent to be bound by the sales listing. Those are vastly different things.