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cagirl45, Home Seller in Cookson, OK

Is it ethical for a real estate agent to sign a contract with one spouse and not the other when both names are on the title?

Asked by cagirl45, Cookson, OK Fri Sep 21, 2012

My husband and I divorced but the real estate agent signed a contract with my spouse two weeks before the divorce was final and three weeks before the quit claim deed was filed. Now this real estate agent won't give me any information on the status of the sale of the property because my name is not on the contract.

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Thanks everyone for your replies. I am only interested because I am supposed to be getting 20% of the proceeds of the sale of the house. I really appreciate all of your input and I will be in contact with my attorney.
0 votes Thank Flag Link Fri Sep 21, 2012
I'm not a lawyer, so this isn't legal advice. For that, you need a lawyer.

However, my non-legal supposition is that if the two of you owned the house at the time the listing contract was signed, then both of you should have been signatories to the contract. If you weren't, then that contract may be invalid. If that's the case, it doesn't suddenly become valid just because the divorce is finalized or even that you subsequently signed a quit claim deed. Was it valid when it was signed? That's questionable.

Still, as a practical matter, since you signed the quit claim deed, you have no further interest in the property.

Finally, one thing that may have occurred is that your ex husband may have signed a new contract with the agent following your divorce and the signing of the quit claim deed. If he was the sole owner of the property, he'd be able to do that.

Check with a lawyer for more information.
0 votes Thank Flag Link Fri Sep 21, 2012
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
At the time he signed the listing agreement, the house was under both spouses' names and he or she was aware of it, he or she should have obtained the other spouse's signature on the listing agreement assuming you didn't give your ex any power of attorney to sell the house. I see some ethical issue there.
0 votes Thank Flag Link Fri Sep 21, 2012
It isn’t your house, he shouldn’t tell you anything about it. It will be in the public record someday, you have access to the numbers when the deed is recorded.

Jim Simms
NMLS # 6395
JSimms@cmcloans.com
Financing Kentucky One Home at a Time
0 votes Thank Flag Link Fri Sep 21, 2012
This sounds like an item that you should consult your attorney.
0 votes Thank Flag Link Fri Sep 21, 2012
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