Listing of Property by one owner.. help

[javaliya]

What is the name of your state?Florida

My husband and his x wife own property in Florida that they want to sell. However, His x-wife listed the property without his signature and it's not what he wants for the property. It actually has us paying out of pocket for mortgages and realtor fees after the property gets sold. The realtor is telling us that that listing contract is legal even with just her name. (even though property is in both his and her's name) Now he's put a contract on the house for sell and told us if we reject the contract he can make us pay for his percentage which he would have received at closing.

Without his signature on listing contract would that make this legal?

 

[HomeGuru]

What is the name of your state?Florida

My husband and his x wife own property in Florida that they want to sell. However, His x-wife listed the property without his signature and it's not what he wants for the property. It actually has us paying out of pocket for mortgages and realtor fees after the property gets sold. The realtor is telling us that that listing contract is legal even with just her name. (even though property is in both his and her's name) Now he's put a contract on the house for sell and told us if we reject the contract he can make us pay for his percentage which he would have received at closing.

Without his signature on listing contract would that make this legal?

**A: have him write a certified rrr letter to the listing principal broker. The Realtor actually has a point but is an idiot to say that those things. The property can not be sold without your husbands signature.

 

[javaliya]

The broker is the same company the realtor is with. The realtor is actually selling the house to another agent (in the same company) husband.

He's telling my husband that if he backs out of the contract he's going to get his percentage from him because he has a willing and able buyer.

Is that legal?

 

[HomeGuru]

The broker is the same company the realtor is with. The realtor is actually selling the house to another agent (in the same company) husband.

He's telling my husband that if he backs out of the contract he's going to get his percentage from him because he has a willing and able buyer.

Is that legal?

**A: let's get one thing clear. The listing agreement signed by one of the property owner's is enforceable only upon the owner that signed. Next, since your husband DID NOT sign the offer, there is no contract to back out from, therefore no commission is due. As of this date, what the brokerage has is a voidable listing contract. I suggest getting an attorney to write a letter terminating the listing agreement or forcing the broker to accept your selling price.

 

[javaliya]

Thank you so very much! Happy to hear we don't have to worry about his threats anymore!

 

[HomeGuru]

Thank you so very much! Happy to hear we don't have to worry about his threats anymore!

**A: you are not out of the woods yet. You must obtain a written agreement from the broker terminating the listing contract.

 

[javaliya]

ok.. I'll forward this onto my husband. Hes off to war but is scheduled to come home in the next couple weeks. After we do this we should be good to go you think?
Thank you so much for your time HomeGuru

 

[HomeGuru]

ok.. I'll forward this onto my husband. Hes off to war but is scheduled to come home in the next couple weeks. After we do this we should be good to go you think?

**A: no, since I do not have all the specifics and what the ex is planning to do next week, next month or next year concerning the property. You need to have an attorney review the title and advise of the options ie. setttlement, partition action etc.
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Thank you so much for your time HomeGuru

**A: you are welcome.