If I’m co-owner of a house but never signed the listing agreement, was the house legally put on the market?

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If I’m co-owner of a house but never signed the listing agreement, was the house legally put on the market?

Joint owners of a home I share with my ex. He contacted a real estate agent but I never signed the listing agreement. He never told the agent that I was a co-owner and she never checked the deed. Has the house been listed legally all this time? I asked him several months ago if I needed to sign anything and he said no.

Asked on March 15, 2012 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Technically the half interest in the home of your ex can be listed since you did not sign the listing agreement as the other owner unless you gave him/her a power of attorney allowing the listing. The home has been listed legally but it cannot be sold unless you sign an offer for it and a grant deed through a presumed established escrow.

From a practical matter, the listing agent should never have listed the home without your signature on the listing agreement. I suggest that you contact the broker of record for the listing agent to rectify the situation assuming you actually wish to sell your interest in the parcel you are writing about.


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