Q: Real Estate Question on the Listing Extension Agreement Contract: 2 Owners, only 1 signs extension; 2nd owner refuses
Owners are Divorced; equally owned; Listing agreement expired; owner#1 ask Agent to remove from MLS and him from the house; Agent gets other owner#2 to sign extension. Is Owner#1 responsible for commission+fees by not signing extension? I don't believe Owner#1 is responsible for the commission+fees by not signing the Listing Agreement Extension. Can Agent and Owner#2 make accepted an offer without consulting Owner#1? What can Agent and Owner#1 do without Owner#2? Also, Agent believes Owner#1 has no access rights to home due to Owner#2. Agent and Owner#1 do not get along; and Agent does not report ANY activity or anything to Owner#2.
A:
The Owners as Tenants In Common should file a Complaint for a Sale for Partition. If the Real Estate Agent feels cheated, it is up to him to file suit.
Both Owners must agree to sell or there is not Real Property Conveyance. Both must sign the Deed or one of them should hire a competent attorney and file for Partition.
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