and my husband are keeping me in the dark... First the agent placed the offer with my husband's signature and initials ONLY and when I asked howcome she did not need mine, she said that with one spouse's signature was enough.. then she told us verbally that the seller had accepted and that we had a executed contract,(still without my signature)...and that she had recived confirmation via phone that the bank had accepted the short-sale offer.. so she instructed my husband to pay & order the Appraisal and also to pay for some of the home's FHA mandatory repairs. It has been 7 days and I still have not received a copy of the banks's accepted short-sale offer, and when I told her that I still have not signed any documents, she mentioned that since my husband and I are legally married she does not need my signature but until the CLOSE OF ESCROW!.. As of this point I do not know what are my rights... Can my husband do all the signing and I can be kept in the dark of what is going on?
Wifeinthedark, you have received some excellent answers here. It does seem the bigger issue is the trust issue between you and your husband. Something isn't right here...you need to talk to your husband and find out what is going one and if you are satisfied with his answers that this is all the doing of the agent then you BOTH need to talk to that agent and possible the agent's broker as well.
Wishing you the best!
It sounds like you and your husband need to talk. If you don't trust your own husband, then that should be your first concern. You need to talk to him.
If you don't trust your agent, then you need to talk to her and decide if she is unaware of your feelings, lazy, incompetent, or really can't be trusted. If you can't get a straight answer, call the office's main line and ask for the broker or office manager. They should be able to resolve this quickly. If you and your husband think that this agent is representing both of you, the she has the same fiduciary responsibilities to the both of you.
It is true that it is a valid contract with only one spouse signing. But to close the escrow, the other spouse would need to enter the contract (through a simple amendment) or sign a Quit Claim Deed. If they have already opened escrow, then find out who the escrow officer is. The escrow officer can explain a lot of these details to you.
In the case of a short sale, sometimes it takes a little while to get the written acceptance from the bank. But you should have received the seller's acceptance already. Also I would not pay for the appraisal or any repairs until I had written bank approval. Fred is correct, until then, you have nothing. I would be concerned if your agent is recommending that you invest money in a home that you may not have any rights to.
Good luck.
Hello WifeinThedark,
Any agent who is not communicating with both buyers in a transaction is literally placing their Broker as a target for a future law suit should anything go wrong in the transaction.
Legally all signatures from all parties involved in a real estate transaction are required in order for it to be a "Fully Executed Binding Contract." Should any page or document associated with the original offer not have a buyer's or seller's signature or initial...This could create a problem.
What you can do is request to see a copy of the escrow instructions so that you can review the terms and conditions which your husband has agreed to. Escrow will eventually need your signature on the escrow instructions, plus escrow will also need for your signature to be notarized on a hand full of their documents in order to move forward from the legal stand point.
Even if your husband were to be able to buy the home without your assistance, because you are married in the state of California, the escrow company would need a special title document to be signed by you in order to properly record and close the sale. So if you were not to agree with what your husband has done in purchasing this home, you do have protection.
This agent should have had you sign the "Disclosure Regarding Real Estate Agency Relationship" and if so....Use it against the agent and call their Broker immediately on this matter.
If you are very unhappy with your agent's actions just call the Association which the agent belongs to, and file an Ethical Complaint against the agent. As a REALTOR we have the Code of Ethics which we have agreed to comply with. Should the agent not be a REALTOR then I am sure that someone at the Association can assist you.
Wifey, please give me a call and I can help you sort out this mess. The answer is long and I would rather you ask the question, then I will answer each question individually. Please call me, my number is 323.359.7992.
Dyanna
good afternoon.......if you applied for the mortgage and are going to be on the loan with your husband if you work or not......then you need to sign the pa....and be on all of the mortgage and real estate docs as the buyer as well as husband....typically, only one buyer needs to bottom line the pa acknowledging acceptance of your offer by the seller....all the other paperwork has to match....bes of luck of luck...bob mcclure- success mortgage partners- plymouth, michigan.......
Have a heart to heart with your husband concerning your feelings about how things are being handled. If you are still not satisfied, maybe you should contact an attorney if you think everything is not on the up & up. This is a personal matter between you & your husband and not an issue that a real estate agent can advise you on. Good luck...
Who is pre-approved for the FHA loan? Are both of you collaborating in the funding of the loan?
This is between you and your husband - this is also about an agent who seems to lack diligence.
I would start by communicating with your husband, and proceeding with coordinated teamwork from there.
One initial move may be a conversation with your agent's broker about what appears to be some sloppiness...
"Verbal" is worth the paper it is printed on.
If you do not have it in Writing, you have nothing.
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Inform this Agent that you want copies of the Written Contract Acceptance and other Documents.
Inform her that you and your husband will BOTH be signing every Document.
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Best wishes,
Fred
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