Leominster, MA asked in Real Estate Law for Massachusetts

Q: If I am in the process of divorce, can a realtor sign me to a seller’s agreement if both of our names are on the deed?

I wasn’t really clear on what I was signing and it’s solely my name on all of the paperwork, also I wasn’t given a copy of it until after I verbally brought it up with the realtor a few days later.

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Boston, MA
  • Licensed in Massachusetts

A: Not all owners of real property are required to sign a purchase and sale agreement. So long as your spouse signs the deed at the time of closing, you will have performed under the agreement. The problem for the buyer in this situation is that it cannot compel a sale because only one of two owners signed the purchase and sale agreement. The better practice would have been to require both spouses sign, especially in a divorce where the spouses may not agree on all the terms of the sale.

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