I am in desperate need of your insight/ guidance on a court battle I am currently in with my ex-husband. Long story short, I paid him out in cash, 2 years ago when we formally divorced, and I kept all rights to the house, including profits from the sale. By the end of 2014, I needed to refinance or sell, to get him off the mortgage
, and for multiple reasons, I didn’t. Justin finally took me to court, for contempt, in February, and the court ordered I list the house in 7 business days at a “fair & reasonable” price. Not understanding residential real estate
, or having a current appraisal
, I listed it at $530,000. It was significantly higher than the rest of the homes in the neighborhood, but also was originally built as a custom $650,000+ home, that the builder foreclosed on, and Traton then built spec homes all around it. I priced it $10/sf higher than other houses that were recently on the market. All houses in my neighborhood were selling for $100,000+ more than original purchase price, and the houses were only 12-24 months old.
More details can help explain all this with supporting documents, if needed.
At the end of the day, I was taken back to court after 1 month, because my ex claimed it wasn’t a fair price. I was then forced to sell by the end of the weekend, and if I didn’t have an offer, my ex got to pick a new real estate agent. That agent would then have the authority to set the house price. But my ex and I are both on the mortgage, so she has a responsibility to us both, and I would think even more so to me, since I am the one that is financially tied to the transaction.
Regardless, 2 days before she ever set foot in my house, she sent a listing agreement
with a sale price that was $105,000 LESS than current price. I disagreed, as does everyone else I know, and ended up getting an appraisal. She never showed me a market analysis, and my ex’s attorney refused to call the agent during court at the end of May, to have her explain over the phone how she came up with the $425,000 price. I truly believe it’s a number they pulled out of thin air, and the email below will point to reasons why. She doesn’t even work out of the same city office within her firm as my house is located. Her office is 20+ miles away, and the Roswell market is very different from Marietta, GA. That in itself makes me wonder why Justin was advised by his attorney to pick this specific agent.
I would love your opinion on if I have a valid case, either to file an injunction to have the price increased, or if I have a separate case to address directly with Keller Williams for fraud, negligence, etc.
She has refused to show me the original analysis she performed on or before May 2nd, and the one she just sent over, is set to parameters only within my neighborhood, and when I stated she needed to do a 1-2 mile radius, she sent a new list of comps of houses of any age & only 4 bedrooms. I don’t understand why she refuses to acknowledge the facts I presented below with the appraisal or other agent’s feedback, and increase the price. She is still defending a market value price that is reflective of houses only in my neighborhood (as she admitted in a separate email I am also sending now), that was done before she ever stepped foot in my house, and despite a reputable appraiser stating it was $40,000 more in value.
Even if pricing a home to sell aggressively, is it common practice for the agent to recommend something as drastic as 10%+ on a house almost worth half a million?
Legally, what is she required to do?
I feel like I am just being forced to sit back, as a single mother with two kids (and no job/ steady paycheck since august), and just let my ex continue to take money from me.
Can you please help me???