Jackson, MI asked in Real Estate Law for Michigan

Q: Can 50/50 tenant in common owners each have their own realtor when selling the house? I want my own representation.

I was quit claim deeded 50% of a tenant in common house/land. I am under a zero contact policy,per her request, with the half sister who is the other 50% owner. I do NOT want to deal with her at all when the house is to be put up for sale in March 2020 when my deceased stepfather's girlfriend has to vacate the home. There is zero trust in this situation as she has already made several decisions without my input concerning the whole property/house. I was wondering if we can each be represented by our own realtors when it is ready to go on the market? Should I hire a real estate attorney too?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: You CAN hire your own realtor. That makes little sense however, and the 'splitting' of commissions will make it harder to sell for a reasonable sum.

You SHOULD hire your own attorney to represent you and explain the situation. BEFORE you sign a listing agreement (both owners need to sign the agreement!) hire an attorney in the area where the land is located to insure you understand what you're getting into. BEFORE you sign an acceptance of an offer, have the attorney review it and BEFORE The closing have your attorney review the closing paperwork to insure it does what the offer says should be done.

Are you getting the importance of the time line in this answer? Hire the attorney BEFORE you agree to anything. Once you have agreed, it is usually too late to make modifications.

Remember the real estate person is your 'marketer' -- they don't 'protect' you -- they only market and help find buyers. It probably makes little sense to get two people to do that as both you and your co-owner will have the same 'interest' there -- insuring the place is sold ASAP for the best price possible. The 'conflict' may appear with the legal terms. That is why you both need your own attorneys.

Good luck.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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