Home Buying in Fort Worth>Question Details

Cynthia, Home Owner in Harlingen, TX

We are selling our house and the real estate agent said that only my husband needs to sign the agreement for her to sell our house. Is this true?

Asked by Cynthia, Harlingen, TX Fri May 10, 2013

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What your husband signed is a listing agreement - an employment agreement between you and broker to sell you your house. You house isn't sold yet, and won't be until you both (all owners of record) sign a purchase agreement and go through an attorney or escrow process which will culminate in the recording of the deed to the new Buyer.
0 votes Thank Flag Link Sun Aug 25, 2013
This question was asked in early MAY! Where have you been??
Be caareful how you try to give real estate advice in another state unless you have a license there. ...We don't use attorneys to close in Texas.

Rick DeVoss
ULTRA Real Estate Services
Flag Sun Aug 25, 2013
Cynthia,

The short answer is yes. However, if the home is community property, you will both have to sign the documents at closing. I like to get everyone that is on the deed to sign the listing agreement, but sometimes everyone isn’t available for one reason or another. But, again before the home can legally change hands, you will both have to sign at closing.

Thank You,
John Reaves
Keller Williams Realty
817-789-5542 (cell)
http://www.cowtownhomesales.com
0 votes Thank Flag Link Sat May 11, 2013
Thanks John, for taking the time to respond.
Flag Sat May 11, 2013
Cynthia --

Sorry, but if your house is in Harlingen, I have to retract my offer to help you sell it.

However, from what you described of your situation, BOTH signatures should be on the listing agreement. BOTH signatures will be required on a contract to sell it. And BOTH signatures will be required by the title company to pass title to the new buyer. It does not matter how many signatures are on the VA note. And it does not matter that you are "getting" divorced.

If you have any further doubts, I suggest you talk to an attorney on Monday morning at a local title company near you. Good luck with it!

[To all: Why are questions from people who live elsewhere getting posted on the Fort Worth area board??]

Rick DeVoss
0 votes Thank Flag Link Fri May 10, 2013
Thank you Rick. Please check your email for my response.
Flag Fri May 10, 2013
Hi Lynn,

To answer your question, yes my name is on the title, and it was purchased while we were married. We are still married, but will be divorcing next week. The mortgage is only in my husbands name as it is a VA loan. Thank you for your help.
0 votes Thank Flag Link Fri May 10, 2013
At this point, we don't know whether you have already signed the listing agreement or not. If you haven't, I suggest you thank the agent that you talked to, and get an agent who is experienced enough to know how to advise you. If you have already signed the agreement, I'm sorry.

Your status and relationship might make a difference to the truly legal answer to the question. However, most Brokers will require both husband and wife to sign any binding agreements to avoid any legal hassle in the future. The answer to your question would be different if you were talking about signing the contract for sale or docs at a closing at the title company.

If you are already in this contract with the listing agent, then I suggest you consult an attorney at a title company. Try Lawyers title company in Southlake. They can help you.

You may also wish to contact me directly, as I have 33 years of experience selling houses in this area, and I'd be glad to help you. Good luck!

Rick DeVoss

ULTRA Real Estate Services

817-300-6121

DIRECT: RickDeVoss@Realtor.com
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0 votes Thank Flag Link Fri May 10, 2013
Thanks for the prompt response! It is appreciated.
0 votes Thank Flag Link Fri May 10, 2013
Texas is a community property state and you both should sign the agreement.
0 votes Thank Flag Link Fri May 10, 2013
Are you on title ? Did your purchase the home while married ? Did he pay cash for house ? Many questions require answers prior any professional render a comment. Recommend direct all your questions back to the agent for legal reasons why only your husband signs.

Lynn911 Dallas Realtor & Consultant
Multimillion Dollar Sales Producer
972-699-9111
http://www.lynn911.com 100's of Dallas homes listed for sale or lease

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0 votes Thank Flag Link Fri May 10, 2013
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