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I've got a really long story, I'll try to make it short! I'm divorced, we're trying to sell the house, I have a restraining order against my ex which makes this more complicated. He has to make the mtg. payments until the house sells, and my son and I get to live there.
In July of '07 we hired a listing agent, we agreed upon a price and explained the situation to her, we have a judgement stating both parties are to agree and sign for any changes to the listing.
Well November came along and I was looking through the MLS and low and behold there is our listing, only it's $10,000 less and we are offering to pay $10,000 for closing WHERE did that come from??? I called and she said yeah ---- called and ask to lower the price so I did. I called her broker and we had a meeting, he said under no circumstances can she do that.
Fast forward to May, she goes out of the country and gives the listing to another agent, she told me that she explained everything to the new agent, showed her the judgement and made her aware that we both have to sign and agree. No longer than 2 days after she leaves the new agent not only extends the month to month contract (my ex came up with that not me) but she lowers the listing price another $10,000.
I called the broker AGAIN, and he said yes she has a copy of the folder, I ask what the 1st page is in the folder and he said a copy of your judgement stating everything. 3 days later the fix the price.
I got approval from both our attorneys to fire this company, I chose a new agent, he agreed I could do that. Now he won't sign the listing because he wants to list it at $225,000, it was listed at $247,000 before she lowered it, I came back and said lets start at $240,000 and review it at the end of the month. He still won't sign 1 month later.
Do I have any legal recourse against that real estate company for this mess. If they wouldn't have lowered it twice behind my back (they never called to inform me, or change the fliers) we would still be listed with them and for the right price. I'm just beyond myself here.
Wow, your question really should be taken to an attorney, not a Real Estate Professional.
Having been through a divorce and having listed homes for people going through a divorce, I can sympathize. It sounds like a good old fashion case of gender discrimination. When you say, "he" won't sign the listing, who do you mean? the agent or your husband? If it's your husband holding things up then your argument is with him, not the real estate company.
Might I sugguest, get either an appraisal or a Broker Price Opinion. Then tell the SOB that he can sell the house for what ever he wants, but will have to pay you the difference for your half between the sold price and the appraised value. Like I said, I've been through this before.
I'm not an attorney. I don't know what state you are in.
But. I would say probably not. The person who created this 'mess' is your ex. And your attorney should be able to handle what ever is necessary to 'force' your ex to sign the listing agreement. If it's a court ordered sale, be prepared...the court may very well order it be listed at a certain price and assign an agent or attorney to handle the matter.
If it's not a court ordered sale, then all that is going on is your ex would like to get out from under the obligation to pay for the house and/or he may actually have a better handle on what would expedite a sale.
And..from what I'm reading, you voluntarily fired the real estate agency. If you hadn't done that, you would still be listed where you say you want to be.
Wow, your question really should be taken to an attorney, not a Real Estate Professional.
Having been through a divorce and having listed homes for people going through a divorce, I can sympathize. It sounds like a good old fashion case of gender discrimination. When you say, "he" won't sign the listing, who do you mean? the agent or your husband? If it's your husband holding things up then your argument is with him, not the real estate company.
Might I sugguest, get either an appraisal or a Broker Price Opinion. Then tell the SOB that he can sell the house for what ever he wants, but will have to pay you the difference for your half between the sold price and the appraised value. Like I said, I've been through this before.
My ex husband won't sign with the new listing agent unless I agree on the $22,000 price drop. The houses in that price range are not comparable to ours. The neighbors house is identical, same sq ftg., lot size, floor plan etc...(we have 3 houses on a private paved drive) and she had it appraised last month for a refinance and the current market appraisal came out to $259,900 , my ex wants to list at $225,000 and except offers.
Quote:
Originally Posted by palmcoasting
I'm not an attorney. I don't know what state you are in.
But. I would say probably not. The person who created this 'mess' is your ex. And your attorney should be able to handle what ever is necessary to 'force' your ex to sign the listing agreement. If it's a court ordered sale, be prepared...the court may very well order it be listed at a certain price and assign an agent or attorney to handle the matter.
If it's not a court ordered sale, then all that is going on is your ex would like to get out from under the obligation to pay for the house and/or he may actually have a better handle on what would expedite a sale.
And..from what I'm reading, you voluntarily fired the real estate agency. If you hadn't done that, you would still be listed where you say you want to be.
We're in Oregon. He'd like to let it go to foreclosure, atleast thats what he told the agent. I fired the agent which was advised from both attorneys, but it was with the understanding that he would sign with a new mutually agreed upon agent.
My ex husband won't sign with the new listing agent unless I agree on the $22,000 price drop. The houses in that price range are not comparable to ours. The neighbors house is identical, same sq ftg., lot size, floor plan etc...(we have 3 houses on a private paved drive) and she had it appraised last month for a refinance and the current market appraisal came out to $259,900 , my ex wants to list at $225,000 and except offers.
We're in Oregon. He'd like to let it go to foreclosure, atleast thats what he told the agent. I fired the agent which was advised from both attorneys, but it was with the understanding that he would sign with a new mutually agreed upon agent.
To me it looks like your husband wants to sell the house ASAP because he's paying the mortgage, you on the other hand have very little financial incentive to discount the price because this means your moving.
As a property buyer, I almost always refuse to deal with couples and their disputes. I have sat back and watched them bicker over the stupidest things (one time $10.00 occupancy fee required by the city), to the point that their homes go into foreclosure. I gladly sit back and simply wait so I can pick up the homes at the sheriff sale or resale it up for a song.
I think you two need to get your acts together before putting another agent in the middle and wasting their time and you two lose your interests in your property. (p.s. send me the address if you get close to the sheriff sale.. I'll buy and then you can pay rent).
I can't answer the legal bit, ask an attorney that.
I can address price. If the home has been on the market for a year it's way overpriced. Your husband, motivated and making payments, would like it to sell and wants to list at a reasonable 225k price so he can sell it.
You, who is not motivated because you're getting a free ride, wants to maximize the money from it because you have no motivation. You should do the right thing and list at fair market value. I don't know where that is, but I suspect its closer to the 225k mark than the 240k mark.
I really don't want to get into why he's having to pay the mortgage, while I "get a free ride". I'm not getting a free ride, I'm getting no child or spousal support, I'm paying all the bills and he's making the mtg. pymt. I'm doing the maintenance and taking care of the place.
As I stated before the neighbors identical house appraised last month for $259k, I was being fair and wanted to list the house at $240k and go down in small amounts not $10,000 every month.
I want to know what your thoughts are on what the agent did, not my ex's issues.
The home was not marketed well for the year, but he wouldn't let me look into any new agents, because this agent is an acquaintance of his. She put it on the mls, stuck a small sign that blew over in any wind at the end of the driveway and some b&w fliers in the box. She held 1 open house.
I can't answer the legal bit, ask an attorney that.
I can address price. If the home has been on the market for a year it's way overpriced. Your husband, motivated and making payments, would like it to sell and wants to list at a reasonable 225k price so he can sell it.
You, who is not motivated because you're getting a free ride, wants to maximize the money from it because you have no motivation. You should do the right thing and list at fair market value. I don't know where that is, but I suspect its closer to the 225k mark than the 240k mark.
That was a bit rough but I do agree with everything you said.
I really don't want to get into why he's having to pay the mortgage, while I "get a free ride". I'm not getting a free ride, I'm getting no child or spousal support, I'm paying all the bills and he's making the mtg. pymt. I'm doing the maintenance and taking care of the place.
As I stated before the neighbors identical house appraised last month for $259k, I was being fair and wanted to list the house at $240k and go down in small amounts not $10,000 every month.
I want to know what your thoughts are on what the agent did, not my ex's issues.
The home was not marketed well for the year, but he wouldn't let me look into any new agents, because this agent is an acquaintance of his. She put it on the mls, stuck a small sign that blew over in any wind at the end of the driveway and some b&w fliers in the box. She held 1 open house.
An appraisal is one person's opinion of value. Rarely will the numbers agree on two separate appraisals. It sounds like you are chasing a down market.
All the marketing in the world cannot overcome a bad price.
It sounds to me like the original agent listened to the party that is most motivated to become sold. There is no doubt, she did not have the full authority to make the changes she did. It is not however, the reason why the place has not sold. A year is a long time.
We have been dropping the price, we started at $265k and ended at $245k. I want to lower the price, just not as far as he does. This has become a nightmare and now during prime house hunting time it's off the market, I've signed the new contract he won't.
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WHERE did that come from??? I called and she said yeah ---- called and ask to lower the price so I did. I called her broker and we had a meeting, he said under no circumstances can she do that.
