If my house is listed with a realtor and I want to buy out my ex-husband and stay inthe house, do I still have to pay a commission?

Divorce was over 2 years ago. I have lived here alone ever since. The sale price dropped into my price range while it was on the market. I don’t want to have to pay the realtor 20k to buy my own house.

Asked on November 29, 2011 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you signed a listing agreement to sell the house that you are writing about where presumably you and your forner husband are on title to it, you need to carefully read the listing agreement in that its terms and conditions control the obligations of the sellers to pay real estate commissions.

Most likely if you purchase your husband's ownership interests in the home, you will be obligated to pay a real estate commission assuming you signed the listing agreement.

You need to remember that you would presumably be buying 50% of the property and as such the commissions would be one half of the sales price. I suggest that you consult with a real estate attorney about your matter.


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 AttorneyPages.com 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.