Actually, only one homeowner needs to sign the listing agreement to make it a valid contract in California. However, both homeowners will need to sign the purchase agreement and all documents once an offer has been accepted. Good luck!
Not to mention - what if the daughter tried to list the property, too?
All the best,
First, I would call CAR Legal to get their input on this to see if you can personally help resolve the situation and remain unscathed in the process.
Barring any input from CAR legal to the contrary, this may be as simple as submitting a written termination of the Listing Agreement to the Agent and Broker (and/or AOR) with the mother and daughterâ€™s signature. Having the Sellers discuss the situation with the Agent's Broker might speed a resolution, although I always like to â€œput it in writingâ€. I'm sure if the daughter started making calls to the local AOR about what has gone on this might also raise an eyebrow of concern regarding MLS rules. For example, the Bay East AOR MLS Rules state:
7.19 Expiration, Extension, and Renewal of Listings. Listings shall be removed from the MLS database on the expiration date specified on the listing unless the listing is extended or renewed by the listing broker. The listing broker shall obtain written authorization from the seller(s) before filing any extension or renewal of a listing. Any renewals or extensions received after the expiration date of the original listing shall be treated as a new listing and will be subject to any fees applicable to new listings. At any time and for any reason, the MLS has the right to request a copy of the sellerâ€™s written authorization to extend or renew a listing. If a listing broker is requested to provide a copy of such authorization and does not do so within 1 day after the request, the listing shall be subject to immediate removal from the MLS.
If the listing is such a great deal and priced right, why did not the property sell yet? If it is so great the agent should bring the Buyer instead!
How interesting. I remember one case where there were 2 listing agents from 2 separate agencies, and both put up their signs on the same property. The husband signed one agreement, the wife signed another --- neither trusted the other to pick a realtor.
I don't know who ended up putting the listing on the MLS. It was messy.
Daughter doesn't think it's worth the trouble to fight....she hopes it sells this time. If not, she has another 5 months on the contract. And she's cautioned her mom NOT to make any decisions, sign any papers, etc. without discussion.
End of story.
Broker confirms that even if there is more than one person on title, it only needs one to sign a listing agreement to make it binding. Both will indeed need to sign the purchase agreement..
The matter rests in the hands of the owners and the listing agent.
I think if both people signed the original listing agreement and now she snookered the mother into just signing it, there would be a valid complaint with the real estate agency here.
Told the daughter that any agent she chooses will prefer that she resolve this problem with the current listing agent before anyone takes over the listing and that no agent will intervene at this point.
Listing agent is digging in her heels.
As a side note . . . if the parties cannot agree on who will be the listing agent I cannot imagine how they will agree on accepting an offer.