Expert: Dick Dennis - 7/3/2006

Question
My husband and I have been married for 2 months and both own a home.  We found a home - are negotiating and were going to sell both our houses.  Less than 72 hours after my husband listed his house and signed the listing contract - we decided to just sell my house and remodel his.  When my husband called his real estate agent - the agent told him he could not get out of the agreement - and would have to pay the 5% commission if we did want to get out of it.  And if someone offered a full cash price we would have to sell his house.  The realator did not leave a copy of the contract for us to even look at.  I am also wondering since we are married and I did not sign the contract - is this a way to get out of it?  Isn't there a 72 hour right to cancel clause in a listing agreement?  

Answer
As long as your husband is the sole owner of his house, and he signed the listing agreement, then it is a valid listing. However, the real estate agent should have left your husband a copy. Technically, it's not valid until he does. However, he can easily remedy that by giving your husband a copy. If you are on title on your husband's house, and you did not sign it, then that listing is not valid.

And if someone does offer a full price for your husband's house he still does not have to sell it, but he may have to pay a commission based on the listing price. In the meantime, you can simply be uncooperative in showing the house until the listing expires. Most offers are seldom written for EXACTLY what the listing says. Even if one condition or figure is off, the offer is not "as listed."

Listings are cancelled all the time. I would think that the Realtor would be a bit more cooperative if he expects to get the listing on your property. I recommend not signing a listing for longer than three months. By that time, you will see if the agent has performed as he indicated he would. If not, you'll get another good agent to list it.

I do wish you well.

Dick Dennis            dixiedee13@aol.com

www.OldProblemSolver.com