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  1. #1
    stupidmoron is offline Junior Member
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    husband does not want to sell house

    What is the name of your state (only U.S. law)? New York

    Me and my husband co-own a house together. Both of our names are on the deed. I know that the judge will order the house to be sold. I am very happy to sell. My husband is very angry. He refuses to buy my share.
    I had two real estate agents come to appraise the house. My husband told me and I told my lawyer that my husband said that he would not sign anything and would not allow either agency to sell the house. Recently he brought in his own real estate agent. His agent wants to list the house at a very low price and wants excusive rights to sell. My agents both offered multiple listings. I told him I would not sign with his agent because 1. the price was too low and 2. I want multiple listings. He retorted with well, I won't sign with your agent either. Also, when his agent came to look at the house he kept pointing out problems we have AND telling her all problems we've had in the past, including telling her that the previous owner hung himself in the basement. (Honestly, I don't know how he could have done that unless he was a circus midget or something. The ceilings are very low.)

    I am afraid we won't agree on a real estate agent and will not be able to sell. I am also afraid he is going to discourage every potential buyer by showing them all the problems with the house, past and present. I want this house sold! I want out of here!

    Do I have any legal rights?
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by stupidmoron View Post
    What is the name of your state (only U.S. law)? New York

    Me and my husband co-own a house together. Both of our names are on the deed. I know that the judge will order the house to be sold. I am very happy to sell. My husband is very angry. He refuses to buy my share.
    I had two real estate agents come to appraise the house. My husband told me and I told my lawyer that my husband said that he would not sign anything and would not allow either agency to sell the house. Recently he brought in his own real estate agent. His agent wants to list the house at a very low price and wants excusive rights to sell. My agents both offered multiple listings. I told him I would not sign with his agent because 1. the price was too low and 2. I want multiple listings. He retorted with well, I won't sign with your agent either. Also, when his agent came to look at the house he kept pointing out problems we have AND telling her all problems we've had in the past, including telling her that the previous owner hung himself in the basement. (Honestly, I don't know how he could have done that unless he was a circus midget or something. The ceilings are very low.)

    I am afraid we won't agree on a real estate agent and will not be able to sell. I am also afraid he is going to discourage every potential buyer by showing them all the problems with the house, past and present. I want this house sold! I want out of here!

    Do I have any legal rights?
    Legally you have to disclose all known problems with the house. If not you can be sued for not disclosing. Your husband is actually doing the proper legal thing. YOU on the other hand dont' appear to be.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    stupidmoron is offline Junior Member
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    I would like to let the real estate agents do their job and sell. I think this would be fair to both of us. If they ask questions then I guess we'll tell them. But if they don't ask, I won't tell.

    He also wants to point out things that are irrellalvant such as, "The former owner hung himself in the basement". Even his real estate agent said that doesn't matter. And he wants to tell them that the next-door neighbor used to not clean up the dog mess in the yard. It was the neighbor's yard and he has been keeping the yard clean for several years. The neighbor used to play the music real loud. But he doesn't anymore! I hardly ever hear him. Sometimes I wonder if they're dead over there. But my soon-to-be ex wants to act like he still does it all the time. We did have rats in the basement but that was ten years ago. The rats were killed and the holes were filled up. We haven't had any rats again. "The basement gets very cold." Why should we tell them that? He is just trying to stall and not sell.

    Can the court appoint a real estate agency? And can he be ordered by the court to stay away when the house is being shown?
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by stupidmoron View Post
    I would like to let the real estate agents do their job and sell. I think this would be fair to both of us. If they ask questions then I guess we'll tell them. But if they don't ask, I won't tell.

    He also wants to point out things that are irrellalvant such as, "The former owner hung himself in the basement". Even his real estate agent said that doesn't matter. And he wants to tell them that the next-door neighbor used to not clean up the dog mess in the yard. It was the neighbor's yard and he has been keeping the yard clean for several years. The neighbor used to play the music real loud. But he doesn't anymore! I hardly ever hear him. Sometimes I wonder if they're dead over there. But my soon-to-be ex wants to act like he still does it all the time. We did have rats in the basement but that was ten years ago. The rats were killed and the holes were filled up. We haven't had any rats again. "The basement gets very cold." Why should we tell them that? He is just trying to stall and not sell.

    Can the court appoint a real estate agency? And can he be ordered by the court to stay away when the house is being shown?
    Your user-id is fitting.

    What part of "Legally you have to disclose all known problems with the house. If not you can be sued for not disclosing. Your husband is actually doing the proper legal thing. YOU on the other hand dont' appear to be." don't you understand?
  5. #5
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by stupidmoron View Post
    But if they don't ask, I won't tell.
    Hopefully the next person YOU buy a house from doesn't have that same attitude.
  6. #6
    tranquility is offline Senior Member
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    I don't know your state specifically, but most states would find a gruesome death in the house to be a material fact which would have to be disclosed.

    It looks to me the only way you are going to sell the house in any reasonable amount of time and receiving a reasonable amount of money (or at least the least amount of loss) is to just let your husband handle it. You have an unrealistic idea about how property sales work and are playing some type of power game which is only going to hurt *your* interests in the end.

    The only other option (besides convincing him to give the permission you want) is a partition lawsuit. If it gets to that the attorney will cost tens of thousands of dollars and the process will take years.

    Give it up=Mo' money faster.
    Fight it out=Less money years from now.

    Choose base on those facts and any other considerations you may have.
  7. #7
    stupidmoron is offline Junior Member
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    It is obvious that none of you are real estate lawyers and have no business answering real estate questions.

    The problem is that my husband does not want the house to sell. He wants to stay here but he also does not want to buy me out.

    The judge will order the house sold. I want the house sold. I want my share and I want out of here. My stbx is going to do whatever he can to discourage buyers. He is not trying to be helpful as you all have deluded yourselves into believing. My stbx is also lying about things. He says the roof leaks and it doesn't.

    The real estate agents have said we do not have to disclose a suicide that may or may not have happened. One neighbor told me this. One. No one else knows anything about it. And besides, it happened over 13 years ago. Assuming it actually happened.

    If you don't know what you're talking about, please shut up.
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by stupidmoron View Post
    It is obvious that none of you are real estate lawyers and have no business answering real estate questions.

    The problem is that my husband does not want the house to sell. He wants to stay here but he also does not want to buy me out.

    The judge will order the house sold. I want the house sold. I want my share and I want out of here. My stbx is going to do whatever he can to discourage buyers. He is not trying to be helpful as you all have deluded yourselves into believing. My stbx is also lying about things. He says the roof leaks and it doesn't.

    The real estate agents have said we do not have to disclose a suicide that may or may not have happened. One neighbor told me this. One. No one else knows anything about it. And besides, it happened over 13 years ago. Assuming it actually happened.

    If you don't know what you're talking about, please shut up.
    Okay Stupidmoron go get a lawyer and pay them to get your answers. YOU DO HAVE TO DISCLOSE. If not and the new tenants find out about nondisclosed issues you can find yourself sued. Deal with that you stupidmoron.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by stupidmoron View Post
    It is obvious that none of you are real estate lawyers and have no business answering real estate questions.

    The problem is that my husband does not want the house to sell. He wants to stay here but he also does not want to buy me out.

    The judge will order the house sold. I want the house sold. I want my share and I want out of here. My stbx is going to do whatever he can to discourage buyers. He is not trying to be helpful as you all have deluded yourselves into believing. My stbx is also lying about things. He says the roof leaks and it doesn't.

    The real estate agents have said we do not have to disclose a suicide that may or may not have happened. One neighbor told me this. One. No one else knows anything about it. And besides, it happened over 13 years ago. Assuming it actually happened.

    If you don't know what you're talking about, please shut up.

    Your real estate agents have an interest in selling the house so they get their cut, so you bet they'll advise to not say anything that can jeopardize a sale. Anyone can figure that out!!
    Asking the volunteers here to shut up pretty much cements the kind of person you are, so bye bye! Good luck with being stuck with a house
  10. #10
    penelope10 is offline Senior Member
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    Quote Originally Posted by AHA View Post
    Your real estate agents have an interest in selling the house so they get their cut, so you bet they'll advise to not say anything that can jeopardize a sale. Anyone can figure that out!!
    Asking the volunteers here to shut up pretty much cements the kind of person you are, so bye bye! Good luck with being stuck with a house
    Exactly. And I personally know of at least two states that require that if a suicide occurred in a home, IT MUST be disclosed to the potential buyer.

    I had a real estate agent for a very short time. I purchased a home that had a sprinkler system, however, it did not work. The previous seller disclosed that to me. To fix the system would have been very expensive (due to the type of system). I decided I WOULD NOT fix the system either, and did not want to give anyone the impression that there was a working sprinkler system.

    My agent was telling perspective buyers that there was a sprinkler system and lead them to believe it was working. (I think it was a way to pressure me into fixing the system--when the home was inspected the fact that the sprinkler system did not work would have become evident).

    By accident I met the perspective buyer for my house. (I was at home taking a nap when she came over to look at the size of the attic etc). She asked me about the sprinkler and I told her it did not work, did not work when I purchased the home, and I would not be fixing the system. (The house was priced based on the fact that the system DID NOT work). She disclosed to me that my agent had led her agent to believe the system worked. Naturally she backed out of the deal.

    One week later I sold the house to another individual for a better price. That buyer knew about the problem with system.

    Your husband is correct to disclose any existing problems with the home, including that possibly there had been a suicide in the home.

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