Is this listing valid? (contracts, agreement, sales, tenants)

[Sergio M]

In a split executorship, where one executor signed the listing agreement, for their portion of the estate,
then passed away. Their portion was then transferred to the primary executor. Would death of the signatory executor void the listing agreement?

[jackmichigan]

Probably. But how could a listing agreement even be valid unless all owners agreed to the listing in the first place? Was the real estate being marketed a Tenants in Common interest? Or was "their portion of the estate" a separate parcel of real estate which they had the sole ability to sell? In any case, I have yet to see a listing agreement which was like a real estate sales contract in that it was binding upon the heirs and assigns.

[Silverfall]

I've never seen a listing agreement binding on heirs. You should read the agreement, but I highly doubt that it says that it is.

[Sergio M]

Jack, It was a separate parcel that was owned individually.

Silverfall, I read the listing agreement, and it doesn't say anything about "this contract is binding upon heirs, successors and/or assigns". I think that personal service contracts are void in New Jersey upon death of one of the parties.

Any other comments are welcome.

[jackmichigan]

Originally Posted by Sergio M

I read the listing agreement, and it doesn't say anything about "this contract is binding upon heirs, successors and/or assigns".

Then I think that answers your question.