Does a ruling by the Board of Realtors overrule a legal resolution between a divorced couple?
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Does a ruling by the Board of Realtors overrule a legal resolution between a divorced couple?
My ex-husband and I are trying to reach a mutual solution to a refinance disagreement of our house and property that we jointly own. He is adamant about continuing to list the house with a real estate broker who has taken the house off the market without my knowledge or written consent. If I agree to continue the listing with that real estate dealer with my ex-husband but then file a complaint with the MT Board of Realtors asking they be immediately removed from the listing and that is what they rule, will they then be removed? Would the agreement or the ruling be the final decision?
Asked on November 3, 2010 under Family Law, Montana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you agree to list the house with that realtor and sign and agreement with him or her, that agreement, as a contract, will control and will determine who lists the house. The only way to get out from under the agreement would be to show either fraud in making the agreement--you were lied to, by the realtor, in some significant, material way--or a material (important) breach of the agreement by the realtor, such as him or her not using good efforts to sell your house. These are not easy things to do. Never sign an agreement you don't want to be bound by, expecting or hoping to get out of it later; not only is it far from a given that you'd be successful, but you could yourself be accused of bad faith, unconsciouable behavior, or fraud if it comes out that you never intended to go ahead with the agreement.
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