Property listing agreement

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Property listing agreement

My husband and I are remaindermen
on a property for which my father
in law is the life tenant. He my
father in law signed a listing
agreement with a real estate agent
of whom we do not approve. We are
willing to consider listing it, but
not with this agent. Questionor
are we bound by this paperwork? I
don’t believe so, since not all
owners signed it. I know we must
all sign any sales contract. Is the
same true for a listing agreement?
Thanks.

Asked on July 6, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not the same for a listing contract. Any of the owners who did sign can be held liable under it, so if your husband and father-in-law signed, they would be obligated to pay this agent his or her commission. Even if you are not personally liable (did not sign), that may not be a comfort if your husband has to pay a commission to an agent you are not longer using.
(The difference is, in the sales contract, a person cannot be forced to give up his/her interet in property without his/her consent, so a sale contract not signed by all oweners is void because full title to the property cannot be conveyed without all owners signing on to do so. But a person can obligate him- or herself to pay a fee, charge, commission, etc. even if other owners do not. So just like your husband could hire, and so have to pay, a plumber without your consent, so, too can 2 of 3 owners hire a RE agent without the 3rd owner's consent.)


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