QUESTION
Can my ex wife submit a counter offer to our realtor to a possible buyer without my consent?
Asked on Nov 17th, 2012 on Divorce - Florida
More details to this question:
I got divorced. I was forced to put my house on the market, as part of the divorce. An offer came in. My ex gave our Realtor permission to go at this counter amount without my knowledge or consent. Can she do this to me?
13 ANSWERS
Steven D. Dunnings
What does the Judgment of Divorce provide concerning the sale of the house? Did one or the other of you receive the house as sole property?
Answered on Apr 30th, 2013 at 3:31 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It depends upon what the order says and without it we cannot say what should be done. Usually the parties agree upon a sales price.
Answered on Nov 21st, 2012 at 6:10 AM
Dennis P. Mikko
If the house continues to be owned by both of you, she cannot act unilaterally. If she does, you do not have to agree. The Realtor should know better.
Answered on Nov 21st, 2012 at 5:45 AM
It all depends on what the Realtor knows and who signed the agreement with the Realtor. If you both signed and the Realtor thinks or reasonably believes that you are husband & wife, the Realtor is simply following his client's wishes, not know you didn't agree. You need to speak with your Realtor & make her aware of your present situation and who is authorized to make final decisions, which it is probably both of you - jointly making the decision.
Answered on Nov 20th, 2012 at 1:44 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Get an attorney to go to court to stop the sale. You should have a say in this. However, if the counter is reasonable, why fight it.
Answered on Nov 20th, 2012 at 1:36 PM
You have a legitimate complaint but have you made yourself available to the realtor? Does the realtor know that your ex does not speak for you. Non cooperation in the face of a court ordered sale will only get you a contempt citation. So make sure the realtor is aware of the realities and then get the advice of a family law attorney about how best to protect your interests in this matter.
Answered on Nov 20th, 2012 at 12:59 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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There are lots of issues here.. You say its your house.. is her name on the house? If so she is arguably the co-owner if not.. well.. Check what your divorce judgment says.. It will not matter anyway if the counter offer is rejected (unless you wanted to accept the original offer because a counter offer rejects the original offer).
Answered on Nov 20th, 2012 at 11:11 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The answer to that depends entirely on what the divorce decree and orders say and how the house is titled. Generally, depending on the terms of the listing agreement with the Realtor she could probably authorize him to present a counter offer, but unless you also signed the counter you are probably not bound by it if the buyer chooses to accept it and you don't like the terms.
Answered on Nov 20th, 2012 at 11:01 AM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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If you are an owner of the property, the property cannot be sold without your written consent, or an order of the court. Timing is very important if your husband is attempting to make real estate contracts that could drag you into a law suit, so you had better protect yourself legally, which is what we do.
Answered on Nov 20th, 2012 at 10:57 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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It depends on what the Judgement of Divorce says. if your ex is going to get proceeds from the sale of the home, it is possible that she has some say in the process. You should consult with an attorney and review the Judgment to fully protect and understand your rights and obligations.
Answered on Nov 20th, 2012 at 10:51 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Depends on many factors you haven't disclosed. What does your decree say. Who does the Realtor work for. If it is you, or both of you, fire her/him for not getting authority from you for the counter offer.
Answered on Nov 20th, 2012 at 10:51 AM
Probably. But she cannot sell the house without your signature. You need to develop a relationship with the Realtor.
Answered on Nov 20th, 2012 at 5:15 AM
All offers and counter-offers must be signed by ALL owners of the property. Without proper signatures, the offer/counter-offer is not enforceable.
Answered on Nov 20th, 2012 at 5:13 AM