What to do if my husband and I are separated and he is selling our house but I don’t want to sell?

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What to do if my husband and I are separated and he is selling our house but I don’t want to sell?

He is on the mortgage, I am not. He accepted a bid but I do not want to sell the house. The buyer’s contract ran out, due to lack of funds. The realtor wanted me to sign an extension. I told the realtor I am not signing anything on the sale of this house, I do not want to sell. So she contacted my husband and asked him to sign an extension but failed to tell him that I was not going to sign any paperwork on the sale, and if he signs this extension and I do not sign the final paperwork he will be in breach of contract. She should of provided this knowledge to him. Now because I will not sign, she is threatening to sue him. Yet, this is the realtors fault.

Asked on July 7, 2015 under Family Law, Florida

Answers:

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

Answered 6 years ago | Contributor

You do not have to sell.  If the conrtact was not executed by you as well being the owner of the house then the contract is void.  The realtor has breached her duty to you and to the buyer and you need to report her to the Florida Board of Realtors and tell the buyers she hsa acted in bad faith and perpetrated a fraud. Best maybe to have a lawyer send the letter to her and the buyers for a flat rate fee. Good luck.


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