CA: wife signed listing, I did not: enforceable? (agent, commission, accept)

[pwhite]

If any California experts know, please help. We moved out of state. My wife traveled back to CA to approve a kitchen remodel. She also was supposed to meet with a couple of realtors about selling. The problem is that she signed a contract with one before talking to me about it, and I do not think the person is right for us. I hope the agent will not try to twist my arm, but if he does, I want to know in advance: since only my wife signed the listing agreement, and I did not, can we just tell the agent we are not going to use him?

Thanks for any help.

[walidm]

You should consult a CA real estate attorney. The listing agreement is a contract and the best person to explain the contract is the agent who submitted it to you, and a RE attorney in the State in question.

[DMenscha]

In CA a Real Estate listing must be signed by ALL parties on title, or their legal representatives, such as an Attorney-in-fact, executor or administrator of an estate. Your contract is likely not valid. That being said, the realtor involved should have verified who is on title within a working day or two, or should have inquired of your wife if the property was hers alone.

Another twist. If your wife acquired title to the property before she married you, it is her property (California is a community property state) and you would not be on the title unless she gifted you an interest through an interspousal transfer deed.

I'm curious how you came to the conclusion that the agent isn't right for you, but maybe that's getting too personal.

I hope this helps.

[Greatday]

You cannot be forced to sell the property - regardless.

However, the listing is an employment agreement - a personal services contract - not a contract to sell a property. As such, if the agent performs the job they were hired to do -- presented a "ready, willing and able" buyer at the price and terms of the listing, inasmuch as California is community property state, you may be obligated to pay a commission.

[pghquest]

Originally Posted by pwhite

If any California experts know, please help. We moved out of state. My wife traveled back to CA to approve a kitchen remodel. She also was supposed to meet with a couple of realtors about selling. The problem is that she signed a contract with one before talking to me about it, and I do not think the person is right for us. I hope the agent will not try to twist my arm, but if he does, I want to know in advance: since only my wife signed the listing agreement, and I did not, can we just tell the agent we are not going to use him?

Thanks for any help.

If your name is on the title, I seriously doubt the contract is enforcable unless she holds a power of attorney.

Furthermore, if they did try to enforce the contract, usual damagers = actual damages and the agent would need to justify any damages.

I would though try to see if you can work with the agent and see about working out the differences, no one likes legal issues.

I'm not a realtor or lawyer though, so take it as one forum posters opinion

[olecapt]

Originally Posted by pwhite

If any California experts know, please help. We moved out of state. My wife traveled back to CA to approve a kitchen remodel. She also was supposed to meet with a couple of realtors about selling. The problem is that she signed a contract with one before talking to me about it, and I do not think the person is right for us. I hope the agent will not try to twist my arm, but if he does, I want to know in advance: since only my wife signed the listing agreement, and I did not, can we just tell the agent we are not going to use him?

Thanks for any help.

As Greatday said it is a personal service contract and might be enforcable. Further it has impact in Realtor circles that can play hob with your ability to hire anyone else.

Tell the Agent you don't want them and ask them nicely to go away. If they won't ask the Broker. If the Broker won't go to the Real Estate Board. I don't really think it will go that far but you should settle it up front.

[MikeJaquish]

Originally Posted by olecapt

As Greatday said it is a personal service contract and might be enforcable. Further it has impact in Realtor circles that can play hob with your ability to hire anyone else.

Tell the Agent you don't want them and ask them nicely to go away. If they won't ask the Broker. If the Broker won't go to the Real Estate Board. I don't really think it will go that far but you should settle it up front.

Good advice.

[pwhite]

Thanks for all the helpful advice. To answer some of the issues raised in the responses above:

- my wife and I were married before we bought the house, and purchased it together
- she does not have power of attorney for me
- we notified the agent we had decided against him within an hour after she signed the agreement, so he did no work on our behalf
- we decided not to use him after he started talking to my wife about strategy. Primarily, we object to these things: he wanted to lowball the price, to drum up interest and get a bidding war going, which we do not believe is going to work in this market; his rate and length of contract are both higher than I can accept (wife was supposed to find out and confer with me before agreeing); he was going out of town for weeks, introducing a delay we did not want. Overall, his comments indicated that he does not 'believe' in the house.