Expert: Dick Dennis - 8/17/2007

Question
My husband and I have a house that we are going to sell and I just found out today that he singed an exclusive right to sellcontract.   I have not signed it yet, and I do not want an Exclusive Right to sell but rather an Exclusive Agency.. With that said... Since I am owner of this house and I have not singed off on this.. At this point would this contract be considered voidable?  After all a contract is not a contract until all required signatures are on it... Right?

Answer
Depends in what state you live, BB. For example, in
Georgia the husband may buy and sell without permission from the wife. But in most states BOTH signatures are indeed required for a listing to be valid.

You will find, also, BB, that most Realtors will not accept an exclusive agency listing, especially in this kind of buyer's market. You are really wasting your time and money if you try to get an exclusive agency listing. That's probably why your hubby went without you. He probably thought that he could talk you into it once an acceptable offer is received. But the agent is taking a chance unless the price is so low that he/she has a buyer waiting in the wings.

The reason why ERS is better than EA is because the agent does not have to worry about you selling to someone who was shown the property by the agent, taking him aside and offering to make a deal once the agent is out of sight.

I do wish you well, BB

Dick Dennis