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Steve, Home Buyer in Davis, CA

If husband and wife own a building and only one signs listing agreement is it valid

Asked by Steve, Davis, CA Tue Apr 29, 2008

If only one of the husband and wife sign listing agreement is it valid or not

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Steve, unless one party has Power of Attorney for the other spouse, it's always a idea to get both signatures - I would. Are you trying to get out of a listing agreement? It's always good be open with your agent and tell him/her you want to cancel the existing brokerage agreement. Better to be honest. Maybe someone whom is licensed in Minnesota can shed some light on this.
3 votes Thank Flag Link Tue Apr 29, 2008
Steve, without making assumptions or providing 'legal advice - as I'm not an attorney... If both parties signatures are required to sell the property, then it's logical that both parties should sign the brokerage listing agreement. Once again, I recommend bringing this up as a concern with your current broker and address it. Read the fine print and it may be a good idea to consult with a real estate attorney.

If there are fees more withdrawing the listing from listing services, then it would be fair to offer to pay for these fees. You may also want to discuss any other expenses incurred, such as advertisment and/or custtom signage. Talk to the broker and talk to an attorney, if warrannted. Hope this helps.
2 votes Thank Flag Link Wed Apr 30, 2008
It is not valid. 2 people own the property, their needs to be 2 signatures. Unless one has power of attorney to sign for the other. This could create a huge problem down the road.
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1 vote Thank Flag Link Wed Apr 30, 2008
Nothing in the Minnesota law states that it takes two to list a home. It takes two to sell a home. If a spouse is not going to sign the sale, it is a waste to list the home. It would not be valid if the other spouse came forward and said they were not going to sign the purchase agreement since that is the start of the actual sale. It would become a civil matter between the spouses if one wants to sell and the other does not.
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0 votes Thank Flag Link Wed Jun 18, 2008

There is some gray area in Minnesota law about whether both parties have to sign the listing agreement. Minnesota Statute Chapter 82 covers this in more detail, but ultimately the listing agreement will be useless unless both parties are willing to sign the purchase agreement. In Minnesota it takes one married person to buy a property but becuase we are a marital assets state, it takes both parties to agree to sell the property. This provision however applies to the actual purchase agreement. I hope that helps.

Cameron Piper
0 votes Thank Flag Link Thu Jun 12, 2008
Steve, In Florida all parties must sign the listing agreement. Hope that you can work things out
0 votes Thank Flag Link Wed Apr 30, 2008
Steve, I may be reading into this, but my gut tells me this is question could be related to divorce. If only one signs the listing agreement, the listing realtor is living on the edge, unless the other spouse is committed to signing poste haste. If only one signs the listing agreement and an offer comes in, then both must sign to validate the PA. Here's the flaw with one signing, what if the other spouse refuses to sign? At least with both signing the listing agreement, there is knowledge and a shown willingness to sell by both spouses. I'd be scared stiff to do a listing agreement with only one spouse's signature, in fact, I wouldn't get into that situation.

I hope that helps.

Thanks, Todd Norsted
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0 votes Thank Flag Link Tue Apr 29, 2008
In California, if only one spouse (on title) signs the LISTING agreement it IS VALID. However, BOTH signatures (on title) will need to sign off on the Purchase Agreement for the sale to close escrow. A commercial building may, and probably does, have a different set of rules. Always seek advice from a real estate attorney and tax expert.
0 votes Thank Flag Link Tue Apr 29, 2008
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