Put in an offer and one party would not sign agreement. Can something be done? (clause, sale)

[gixxergirl]

Here is the situation. A husband and wife (well now ex husband and wife) have put a home up for sale. I offered the asking price and the wife accepted and the husband verbally did too and said that when he gets back from vacation, he would sign the agreement. When he came back, he refused to sign it. He is currently living in the home with his girlfriend and the wife is now suing him. I'm not sure for what exactly, maybe the control of the property. I found out that it wasn't the offer that he did not like, it was that they couldn't agree on how to split it. There is no escrow account between them and I later find out that the husband doesn't even have an attorney. Long story short, I thought I lost the house, then I find out this has happened to another couple with this house over a year ago. I get a call from my realtor this afternoon saying that the wife's lawyer may have been able to put it back on the market with an "urgency clause". I have no idea what that is or if there is even any hope. If anyone has ever been in this situation or can offer some advice, Please help?! Thanks!

[Silverfall]

Unless the divorce court orders the sale there isn't a lot you can do with a situation like that. They both have legal rights to convey part of the property. You have to wait for the court to settle it.

[JustJoy]

Originally Posted by Silverfall

Unless the divorce court orders the sale there isn't a lot you can do with a situation like that. They both have legal rights to convey part of the property. You have to wait for the court to settle it.

Ditto except am curious why if the divorce is final why 'assets' haven't been resolved. Though they might have and now the ex husband is going back on what the court awarded (living in the house with new girlfriend so doesn't 'really' want to sell and have to fork up the cash to pay the ex wife for 'her' share) and thus why she's having to sue for her share of the asset (house). Though if there is a dispute the house really shouldn't be on the market until the court rules IMO.

[Silverfall]

The divorce may not be finalized. I think in some states you can file and have the divorce be official and let the assets be divided after.

[gixxergirl]

Gold and Silverfall,

I'm not completely sure if their divorce is final, but I do know that you are right by saying that the girlfriend and Ex husband seem to be comfy living in the home now. I was surprised that they would be allowed to put this on the market without this being resolved through the divorce too, thats why I thought there may be something that we can do on our end. I know that they have done this before with another realty company and another realtor. I was just wondering if by the wife finally suing him is there a way they can speed this up in court? I can't believe this can actually go on like this and the realtors get screwd too. I guess the wonderful state of PA is one of those states that lets it go till after the divorce. Great work PA! Thanks for the responses though!