If my ex hires a realtor to sell “our” properties and I was not asked to sign the listing agreements, do I have any recourse?

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If my ex hires a realtor to sell “our” properties and I was not asked to sign the listing agreements, do I have any recourse?

Our divorce decree says we own the properties jointly and we both have a say in the sales price, concessions, bonus, etc and yet the realtor has left me out of everything. My ex told her I just have to show up at closing to sign the docs and he has the only “say” in the negotiations of the sales. No where in our divorce decree does it say that, in fact it appoints a third party to make decisions if we can’t agree.

Asked on November 5, 2010 under Real Estate Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Yes, of course you do.  And you sit in the better seat than your ex here.  Call the realtor and advise her that the contract your husband signed with them is void pursuant to your divorce decree.  Explain that you own the properties jointly and you each have an equal say under your divorce decree regarding them.  Now, state that you are not an unreasonable person and you are not stating that you might not consent to list the property with her but that they need your signature in order to obtain their commission, should the matter even ever get that far (which you doubt at this point).  They may whistle a different tune.  And if she is only a sales agent I might call the owner of the office to discuss the matter as well.  If he had asked you before he signed you could not have been unreasonable and objected to just object.  But you can not be taken advantage of wither.  Good luck.


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