<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by TraceyJ:
My mother (86) and I own a house together. We decided to sell. I Contacted realtor to list house. I left on vacation, returned 10 days later to hear that there was a contract to sell the house for $$$ less than the market value. In my absence the realtor had my mother sign a contract for listing the house and she accepted an offer on the house. I have not signed the listing agreement or agreed to the buyers offer. What recourse do I have? If we do not go to closing, can they (the buyer) sue for breach of contract? Can the realtor still collect commision? My realtor is trying to use scare tactics to get me to go through with this deal. I don't think the buyers have a real estate agent. Please give me your thoughts. Thanks in advance.
<HR></BLOCKQUOTE>
This is a good case of a Realtor being ignorant and unethical. If a property is owned by 2 indivduals, BOTH indivduals as owners of record must sign the listing contract. Use scare tactics back. Tell this Realtor to talk to:
1. his/her real estate company attorney to get a legal opinion
2. the State Real Estate Commision to get a licensing law violation opinion
3. the local Board of Realtors to get a breach of standards of practice and code of ethics opinion
And if he/she will not, you will. In addition, send a certified leter to the agent AND the principal broker stating that the listing and the sales contract are null and void because the listing contract was not signed by all the owners. Add in a paragraph or two regarding unethical behavior by purposely having your mother sign the listing and the sales contract while you were away. Your mother signed under duress. Claim woeful misrepresentation and ommission by the Realtor in not explaining to your mother that you also needed to sign the listing agreement. For additional info go to:
www.realtor.com read the Realtor Code of Ethics.
