If my husband and father-in-law are both on the title for our house, is an exclusive right to sale contract binding without my father-in-law’s signature?

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If my husband and father-in-law are both on the title for our house, is an exclusive right to sale contract binding without my father-in-law’s signature?

My husband and FIL bought the house a few years ago that my husband and I currently live in. We decided a couple of months ago that we wanted to try and sell our house and so obtained a realtor. My husband signed an exclusive right to sell contract with her. The realtor did not however have my FIL sign the contract despite the fact that we told her that his name was also on the title. We now have friend who would like to purchase our house and we are trying to figure out if we can get out of the contract with our realtor and just sell it directly to him in order to save the cost of the comission. Would this contract still be binding on this property since my FIL never signed it and his name is on the title?

Asked on April 3, 2012 under Real Estate Law, Arkansas

Answers:

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

The contract is binding on your husband but not binding on your father in law.  This means that if the broker finds a buyer, your husband must pay the fee.  The father in law won't pay the fee.  Talk to the broker and tell her that your father in law won't sell the house through a broker.  He wants to sell to a private party and ask the broker to cancel the contract.  The property can't be sold without the signature of the FIL.


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