Does my ex-spouse have to agree to lower a listing price if it is still over an agreed to minimum butordered by the court?

Ex-spouse has agreed (and signed) to list the property with a realtor, and we have a signed agreement that any offer over a certain price must be accepted by both parties. The real estate agent wants to lower the price to an amount still above the required minimum acceptance price. Does the ex-spouse have to agree to a listing price when not spelled out in any court document or contract?

Asked on September 1, 2011 Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It may have nothing to do with a court ordered document or contract (or in fact it may).  But rather the listing agreement, which in and of itself is a contract between you andhim and the listing agent. I think that you need to consult him to be safe on this matter.  Why would you consider not consulting him?  Think or it if the shoe was on the other foot.  How would you feel if he decided to lower the price with the agent and not consult with you?  Ifyou feel that he may not consent and because of that then the house may not sell then you will need to consult with your attorney about his being an impediment to the matter.  But at this point in time you need to ask him.  It would be the prudent thing to do.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.