Home Selling in 12208>Question Details

Blkarp, Home Buyer in Parsippany, NJ

My sister and I signed a 6 mo. contract 2 sell my mothers home. My sister renewed w/out me, I want to use another. Can we get out of the contract?

Asked by Blkarp, Parsippany, NJ Wed Dec 25, 2013

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Merry Christmas!! Yea..all true...consult an atty, but I believe if you both had to sign , then you should be able to cancel your contract.
Call anytime for further information.
Cathy Cooley
1 vote Thank Flag Link Wed Dec 25, 2013
Hi Bikarp,

What Victoria says is quite true: consult a real estate attorney. Also, the standard MLS contract used in the Capital Region provides stiff penalties for early termination including compensation of expenses, loss of commission, damages, etc. So you have to be careful.

However, we at Real Estate New York http:RENY.net always cross out the cancellation clause so that a client can cancel at any time without penalty, We just wouldn't want to force someone to stay with us if they are unhappy. It's a recipe for a tough sale at best. Haven't had a cancellation in years.

Hopefully, the agent your sister signed up with feels the same.

Good luck : )

1 vote Thank Flag Link Wed Dec 25, 2013
Thanks so much Dennis, best wishes! Bob
Flag Wed Dec 25, 2013
Hi Blkarp,

You should really speak to your attorney about discrepancies with your contract, but this is really dependent on who the executor of the estate is. If you and your sister both have equal power to sign, I would imagine your attorney should be able to get you out. If one of you has executor power, it will depend on who.

Good luck!
1 vote Thank Flag Link Wed Dec 25, 2013
I suggest you read the listing contract your and/or your sister signed. The laws and contracts vary by state, so I suggest you discuss this with your agent after you read your rights and options in your contract.

All the best to you.
0 votes Thank Flag Link Thu Dec 26, 2013
You are both required to any contracts, if both are on the deed or if this
is an estate. If you have any questions or need help to sell.
Please fell free to call me.
Fajardo Delacruz
347 932-0609
0 votes Thank Flag Link Thu Dec 26, 2013
Go with the others advice to consult a real estate attorney. Or, you can consult with the agent that she signed with and just be upfront that you want to go a different direction. It may be as easy as asking the broker to be released from the contract.
0 votes Thank Flag Link Thu Dec 26, 2013
If you are both heirs of the house or both on the deed, all paperwork requires both signatures to be legal.
0 votes Thank Flag Link Thu Dec 26, 2013
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