How can a judge approve a sale with realtor violations in partition action?

Question

I've been involved in a partition action where the judge ordered me to sign a listing agreement giving a realtor "sole" discretion to sell the property. However, the realtor violated ethics and real estate law, used an outdated contract, added unlawful transaction fees, and completed the deal without my involvement, working only with the adverse party. Despite these issues, the judge approved the sale, resulting in the breach of my legal rights within the listing agreement. The real estate commission confirmed these violations but believes they cannot enforce them due to the judge's approval. How is it possible for a judge to approve such conduct, and what legal actions can I take?

James Blount Griffin · Answer

In property disputes, judges often appoint a realtor to sell the property and divide the proceeds at closing.  In your case, you have every right to give notice to the court, in a formal pleading, that the listing agreement and other sales protocols were violated.  Usually, the judge must approve such a sale, unless there is mutual consent among the parties.  It is possible the judge is not aware of the screw up, or unaware of the extent of it.  In your pleading you need to focus on what the protocols and requirements are for listing agreements, the specifics of how they were violated, and a monetary estimate of your losses.  Griping will get you nowhere; you need to give formal notice to the court.  You need a lawyer to do this, preferably from your county.

James L. Arrasmith · Answer

In a partition action, a judge can approve a sale if it is determined to be in the best interest of resolving the property dispute. However, if the realtor violated ethics and real estate laws, especially without your involvement or consent, this could be a serious issue. It’s possible that the judge did not fully address the improper actions of the realtor when approving the sale, and this may have led to the breach of your rights. 
 
Since the real estate commission confirmed the violations, it’s important to understand that while they might not be able to enforce penalties due to the judge's approval, you still have options. You could file a motion with the court to challenge the sale or request a review of the process based on the realtor’s misconduct. Bringing up the violations in court might prompt the judge to reconsider the approval and, potentially, undo the sale. 
 
Additionally, you could explore legal action against the realtor for breach of contract and violations of real estate law. Consulting with an attorney who is familiar with partition actions and real estate law will help you assess your rights and determine the best way to proceed. Your attorney can help you seek compensation for the violation of your rights and help resolve any ongoing issues.

Q: How can a judge approve a sale with realtor violations in partition action?