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Sorry, I should have initially stated that I am in no way looking for legal advice, I'm looking for human advice I have been working my way through the Legal Aid system and after a few frustrating setbacks I am off to see my new lawyer tomorrow. I don't want to go into my legal issues tho, not appropriate. Although I will say that yes, I have gone to court with no lawyer. I was quite proud of myself, standing alongside my husbands lawyer. I had to make sure the court knew of my Legal Aid problems and that I am there and in no way avoiding my responsibilities.
I do feel as tho I have a valid complaint. I have even called the phone company to try and get records of how many times she called my home but they don't keep track on landlines. This isn't a small lie she told, it is effecting me in other areas of my life. I now have more stresses on me in court because she didn't do her job the way she was suppose to and then lied about it. Thaaaank you for the broker advice. I would have never thought of that. I will be giving them a call tomorrow for sure
Thank you, Realtors are "human", but you don't need human advice you need LEGAL advice. Your legal aid service will help you if you ask them. Do you or do you not own half of the house? If the real estate agent was appointed by the court, you need to move on with the listing and the sale. If legal aid won't help you, get a pro bono attorney through your local Bar Association. (free) There are many excellent divorce attorneys who donate their time.
I agree. Why does hubby get to pick the agent? Tell him you will sell with another mutually agreeable real estate agent. Interview them together and agree on one. I encourage you to pick someone that is a stranger to both of you. Having a friend as an agent is often a really bad idea during divorces, especially when it appears that it isn't going to be an easy divorce.
If you are unable to find an attorney through legal aid, you have other options. Someone above mentioned Bar Association - there is a program called Lawyer Referral, ask about that. You might also have luck with at least getting someone to accompany you to hearings, etc. by contacting the nearest law school and getting an intern if other options don't work out for you.
As for the real estate agent:
1. Even if she is court appointed, you can request someone else to work with if she is obviously going to be adversarial with you;
2. Keep a record of each and every time she calls, what was discussed, etc.
3. Do not sign an agreement until you have consulted an attorney and had him/her read it;
4. IF you do not own the home, you are still entitled to approve the times when the realtor can bring in prospective buyers, but do NOT be difficult or contrary;
5. Do not let this become more personal than it already is - your home is being sold but it is not her fault.
First of all, CastOff, good for you for standing up for yourself. I have a dear friend who just went through a divorce with a mediator, chosen by her husband, who was on his side (in her opinion). Her husband wanted to put in the divorce terms that she could not have a roommate, and that she had to inform him of every man she dated. He was also offering her quite a bit less than the 50% she was entitled to in CA. I insisted that she hire an attorney to read through the settlement agreement before she signed it.
I agree with everything that has always been posted here, especially about the pro bono lawyer. You need a good and competent one. You have gotten excellent suggestions.
Whatever your state laws are, you should receive everything you are entitled to and not waiver. Your future ex-husband may try to sweet talk you into taking less, whine and complain about how he's going to starve to death with all the money you are taking from him, blah, blah, blah.
YOU ONLY HAVE ONE SHOT AT THIS. ONCE YOU SIGN AWAY A RIGHT, IT IS OVER.
And buy an answering machine immediately. If she did call and someone didn't give you a message, you are in the wrong.
What State are you in?? There are Certified Real Estate Divorce Specialists out there who have gone through special training - if I know your State I can tell you if or who...
I'd love to know if there is such a thing in NC!
A few years ago, a man who was referred to me, called to ask me about selling his house. I went over, met his soon to be ex wife, did the CMA and spoke with him on the phone, about listing the house.
He told me that his soon to be ex was furious that he called me and she did not want to have me as their listing agent. She wanted "her own agent".
He agreed to use her agent, listed and sold the house.
A week later, soon to be ex called to have me take her out and help her buy a new home!!!
Sometimes, it isn't about the agent but about the spouse wanting the control. Sometimes it is about the spouse just being difficult to the other spouse.
As an Agent that has dealt with divorce situations but never having gone through a divorce, myself, I try really hard to keep in touch with both spouses, sending duplicate emails, etc. That way, they know that I'm not on one side or the other but just trying to get the job done.
I'd love to hear how the experts view this situation and how best a Realtor can work with both parties!
To the OP, sorry about your situation. It can't be easy. I've seen friends and family go through all this. And, you don't need a man for support. Find some good friends to be your support system and do what you need to do. Hopefully, in a few months, this will all be behind you and you will find a better life! Losing 200 pounds can't be ALL bad!
My husband and I are separated. He hired this real estate agent to sell our marital home. I had a phone call from the agent 1 day after the court had ordered the house to be sold. I was not home so the person who answered the phone asked her to please call back in one hour when I would be home. I didn't hear from her again and she didn't leave a number for me to call back. Within 5 weeks we were back in court. My husbands lawyer stood up and said, "the realator has tried to contact the defendant a number of times over the past month but the defendant won't answer or return any messages that were left." I was SHOCKED! I told the judge she only called once but I don't think he was listening....
Guess who calls 2 hours after I get home from court? Yes, it's the realestate agent. She says, "Hi, it's (blahblah) calling, I need to set up a time to come measure your house to put it on the market." I right away said, "Why did you tell my husband and his lawyer that you have been continuously trying to contact me?? This is the second time you have called my house." After some beating around the bush from her she said, "ok, I'm sorry I said that, now when can I come see your home?" I told her I would like to speak with her manager. She asked me why and when I told her I had a complaint she said, "No, I don't think I have done anything wrong so no, you can't talk to her!" I said fine, hung up and phoned another agent in another area to get the phone number of her manager. As soon as I was on the phone with the manager I could tell the agent had talked to her already. I told the manager the whole situation and how the lie her agent admitted to telling my husband and his lawyer made me look like I was going against a court order. The manager very coldly asked me what I want. I said I want her agent to tell my husband and his lawyer that she lied and I want an apology from her myself. The manager responded with, "Well, I will talk to her about what you want but I don't believe she lied.....". I knew the manager would not even consider my side so I quickly ended the conversation with her.
I didn't hear anything else from them and NOW, this same realator who LIED about me is suppose to be coming to measure my house later this week. Since this is not a criminal problem (even tho she lied) I can't contact the BBB. Is there anyone who can lend some advice? I am so tired of people walking all over me just because I no longer have a man behind me for support. Honestly, this world is not at all set up for cast off, used up housewives.
I'm afraid to hand out advice here. Something doesn't make sense to me. This real estate agent has an opportunity to get a listing. What would be her incentive to treat the seller rudely and mess up a legal battle for her? How can she gain doing that? I can't help but think some part of this story is being left out.
I'm afraid to hand out advice here. Something doesn't make sense to me. This real estate agent has an opportunity to get a listing. What would be her incentive to treat the seller rudely and mess up a legal battle for her? How can she gain doing that? I can't help but think some part of this story is being left out.
Can you ask the court to let you use another Realtor? That should be punishment enough for her. Then MOVE ON with your life. Life is too short!
Exactly!
You're wasting your time and effort on trying to "punish" a real estate agent? Why? Just get a new realtor, and it's no longer an issue.
And why haven't you hired a lawyer? If your husband can afford one, then why can't you? Being "proud" of yourself because you stood up there, beside his lawyer, and held your own in court may feel good - but it may not be the vest way to get a fair settlement. Don't be so focussed on saving pennies, that you lose sight of the dollars...
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I have been working my way through the Legal Aid system and after a few frustrating setbacks I am off to see my new lawyer tomorrow. I don't want to go into my legal issues tho, not appropriate. Although I will say that yes, I have gone to court with no lawyer. I was quite proud of myself, standing alongside my husbands lawyer. I had to make sure the court knew of my Legal Aid problems and that I am there and in no way avoiding my responsibilities.
