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  #1  
Old 12-02-2004, 02:18 PM
704LY
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Listing agreement question


What is the name of your state? Pennsylvania

Please help! My parents own a piece of property, and both their names are on the deed. My dad signed a listing agreement with a realtor, for a listing period of 3 months. My mother was not at the meeting with the realtor and she did not sign anything at all. The realtor wanted my dad to have my mother sign papers and return them, which she would not do. This listing expires on 12/12/04. Several weeks ago the agent called with a buyer offering several grand less and at that time, my mother told him that she did not want to sell. This was a phone conversation with my dad and myself present and was not followed by anything in writing. The realtor has since called and left messages that he has a buyer at the full listing agreement price. This morning he shows up at our house and hands me a copy of an offer to purchase. He did not make me sign for it or even ask who I was. My parents were not here at the time. My mother does not want to sell and since her name is on the deed and that fact that she didn't sign the listing agreement, I am wondering if my parents can choose not to sell without having to pay the realtor a commission. The realtor told me that if they decided not to sell that would be fine, but they'd owe him the commission. Is the listing contract valid with just my father's signature on it and not my mother's (since both their names are on the deed?)
I'd appreciate any help, if possible. Thank you.
  #2  
Old 12-02-2004, 07:52 PM
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I do not know how PA is, but in most, if not all states, your father can't sell a house that both your parents own without her consent. And the agent should know that without both owner's consent, there was no legal listing agreement, and he doesn't get squat.
  #3  
Old 12-03-2004, 09:06 AM
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Its the same for PA. Both names do not need to be on the listing agreement (but, it is recommended.) However, you need the consent of both owners to sell. If mom doesn't want to sign the sales agreement, then there's no sale.
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  #4  
Old 12-03-2004, 09:14 AM
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Join Date: May 2000
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Quote:
Originally Posted by 704LY
What is the name of your state? Pennsylvania

Please help! My parents own a piece of property, and both their names are on the deed. My dad signed a listing agreement with a realtor, for a listing period of 3 months. My mother was not at the meeting with the realtor and she did not sign anything at all. The realtor wanted my dad to have my mother sign papers and return them, which she would not do. This listing expires on 12/12/04. Several weeks ago the agent called with a buyer offering several grand less and at that time, my mother told him that she did not want to sell. This was a phone conversation with my dad and myself present and was not followed by anything in writing. The realtor has since called and left messages that he has a buyer at the full listing agreement price. This morning he shows up at our house and hands me a copy of an offer to purchase. He did not make me sign for it or even ask who I was. My parents were not here at the time. My mother does not want to sell and since her name is on the deed and that fact that she didn't sign the listing agreement, I am wondering if my parents can choose not to sell without having to pay the realtor a commission. The realtor told me that if they decided not to sell that would be fine, but they'd owe him the commission. Is the listing contract valid with just my father's signature on it and not my mother's (since both their names are on the deed?)
I'd appreciate any help, if possible. Thank you.
**A: technically, the listing contract is unenforceable due to the fact that ALL owners of the real property listed did not sign agreeing to list. The real estate broker should know that even if the dingbat agent does not.
  #5  
Old 12-03-2004, 12:15 PM
704LY
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Thank you all very much for your help!
  #6  
Old 12-04-2004, 11:13 AM
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Location: Catatonic State
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Did I mention the agent was a dingbat?
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