listing agreement

Court ordered: Parties are ordered to immediately list the property for sale and to cooperate with the sale of the family residence.
Court orders that the respondent shall have 24 hour right of first refusal in the purchasing of the home.

I am the respondent, ex-wife listed the property with out me. She signed all paperwork. I was sent the listing agreement after the fact. (4 days later). I dont agree with some of the terms, and nowhere in the listing agreement is it mentiond that I have Right of First refusal. Is this a valid listing agreement? Should I have my lawyer nullify the listing?

Sorry forgot to menion I am in California

and why haven't you asked your attorney this question?

His office will open in a few hours. I can't sleep.

[JETX]

"Is this a valid listing agreement?"
*** Without having the ability to review the actual document, we can't tell. However, I can say that based SOLELY on the information in your post there is nothing to indicate it wouldn't be.

"Should I have my lawyer nullify the listing?"
*** I would suggest that rather than 'nullify' the listing, you ask your attorney to make sure that the agent and seller are aware, and comply with, the court ordered provisions.

[HomeGuru]

Yes, I agree and there is more to this story.

Originally Posted by HomeGuru

Yes, I agree and there is more to this story.

The saga continues....

California Court, in San Bernardino
After my day in court, I have exercised my right of first refusal. Here is my dilema. An offer came in at 375,000.00, the appraised value was only 330,000.00 and it was listed at 330,000.00. Ex-wife who listed the property without my consent, accepted the offer ignoring my right of first refusal. I did not allow buyers to see inside of the property, because I was not involved in the listing agreement. They filed ex-parte to force me to show the property. I told the judge that they ignored my right of first refusal. Judge allowed the sale to proceed because it was $45,000.00 over the appraised value. I was dumbfounded. She ordered that the sale proceed and I should show them the house. She also added if the buyers do not open escrow within 5 days, I would be able to excercise my right of first refusal. Backwards, No?

5 Days later the buyers backout of the deal! I inform the judge I want to exercise my right of first refusal and purchase the home at the appraised value of 330,000.00. She says no. The offer was 375,000.00 so you are to buy it at 375,000.00 Again, I am dumbfounded.

What should I do?

I am also representing myself due to lack of funds.

[JETX]

Either you agree to buy it at the $375k offer or decline and wait until the next one comes along.

Hey Jet, did you see this one?

I am also representing myself due to lack of funds.

Now THAT is funny. Able to afford $330,000 for a home but not a few thousand for an attorney.

[HomeGuru]

Was there an appraisal done or a CMA by the listing broker? If so, and the $375K is market value, that price may be set by the court.

There was a court appointed appraisal which came in at $330,000.00.

Originally Posted by krispenstpeter

Hey Jet, did you see this one?



Now THAT is funny. Able to afford $330,000 for a home but not a few thousand for an attorney.

Who said anything about being able to afford $330,000. As far as paying, a few thousand for an attorney, I'd rather give you a couple of bucks for gracing us with that sharp wit of yours...... ouch!

[HomeGuru]

Originally Posted by rrev

There was a court appointed appraisal which came in at $330,000.00.

**A: now what made you think that we did not need this important fact when you first made your post?

Ah! Once again Homeguru, you prove yourself to be ever so deserving of your "Guru=ness". I thought I stated it in the previous post. Ooops.

Q: Can I appeal?

thanks in advance.

[HomeGuru]

Originally Posted by rrev

Ah! Once again Homeguru, you prove yourself to be ever so deserving of your "Guru=ness". I thought I stated it in the previous post. Ooops.

Q: Can I appeal?

thanks in advance.

**A: yes, we'll take your appeal under advisement.