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Recent Right to Sell questions

My listing agent and I are having a disputed on our

My listing agent and I are having a disputed on our Residential Listing Agreement- Exclusive Authorization and Right to Sell. I procured a possible buyer (my old friend) on my own before signing the agreement but did not exclude him in the Listing Agreement. The broker knew that I was planning on a for sale by owner to my friend but I was naieve to sign an exclusive listing contract with her thinking it pertained just to other brokers. My broker demands exclusivity of the listing and a commission rate at the close. The rate will entitle her to $12,000 if I get my asking price. Listing agreement is for 12 months.She also said that if I decide to do a for sale by owner with the possible buyer/my friend found before the agreement, she will charge me $2500 to handle the paperwork or if I chose not to have her involved at all. She is basically threatening me that she wants compensation due to the exclusive listing and wants $$$ regardless if she finds the buyer on her own or not. The listing is temporarily withdrawn due to our dispute but the broker has not forgotten that she is entitled to $$ if as she says I do the for sale by owner behind her back.I'm not planning on working with a new agent/broker to look for potential buyers. I would possibly like to continue the for sale by owner process with my friend and accept paying the $2,500 payment to the broker if the sale does close.My question is, do I need to disclose this during the sale process to my broker. Since it's not guaranteed that my friends fha loan will meet the underwriting guidelines of the sale, I am afraid of paying $2,500 regardless of the sale closing or not. Do I list the $2,500 payment to the broker on escrow or do I write her office a personal check after the close? Can the broker find out about this sale other than me telling her?

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RealEstateAnswer

Juris Doctor

30,430 satisfied customers
I signed a California Association of Realtors Residential

I signed a California Association of Realtors Residential Listing Agreement- Exclusive Authorization and Right to Sell Form and changed my mind about selling the property less than 24 hours after signing. However, the broker will not work with me to terminate the agreement even after telling her the property is not for sale and to withdraw the listing. The contract is good for one year and she's holding me to it. She is unethical and won't compromise even though I am unhappy and don't trust her.However, this is not my primary residence. It is tenant occupied and I have been earning rental income on this property and paying taxes on rental income of the property for 5 years. Shouldn't I have signed the Commecial, residential income non-owner occupied listing agreement instead? What are my rights? Does this void the residential listing agreement since it is not my residence?

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CalAttorney2

Attorney

Doctoral Degree

20,132 satisfied customers
Need some specific advice on the following Background. Been

Need some specific advice on the following Background. Been working with Richard so far and got great advice, would be good to get a 2nd opinion as well.Background:Purchasing a 2nd home and found out from the seller that it has three IRS Tax liens on it, 8 days before closing of the purchase contract. Now seller saying that he's pursuing non-attachment with IRS through CPA/lawyer and would need the deadline to be extended with a "To be decided" closing date. I like the property and want to pursue purchasing it but need to make sure i'm pursuing with caution and all my rights protected. Closing date expired but seller not really not responding well. I can sue but need to understand what all can i realistically get and whether the house also or not?

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David Stewart

Vice President Legal Affairs

Juris Doctor

184 satisfied customers
Dead man and children have house deed. Can the wife claim?

If a man dies without a will and the deed to the house is in his name and his children's, does the wife have a claim to the house - they were married for 16 years.This is in the state of Alabama.His mother is trying to sell the house. They were separated but she moved back in to his mother's house to help take care of him until he died.

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Loren

Juris Doctor

37,102 satisfied customers
If a foreclosure by a HOA is sold by the county and the bank

If a foreclosure by a HOA is sold by the county and the bank recently foreclosed on the property and did not pay HOA fees.The foreclosure would be subject to bank? The county sells foreclosure by HOA would be on the bank as owner? I as buyerof foreclosure would be super to bank?

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Irwin Law

Juris Doctor JD

8,826 satisfied customers
We signed an Exclusive Right to Sell contract. We are moving

We signed an Exclusive Right to Sell contract. We are moving to Arizona in 3 days and have decided to accept a Lease with option to purchase agreement. Therefore we requested to be released from our Exclusive Right to Sell contract and agreed to pay the realtor/broker $500 for services performed to date. The real estate form sent us a Can cellation Agreement that states if we sell the home within the original contract dates of 8/5/2016 through 2/5/2017 we are still obligated to pay commission fees. In addition to that, the contract also states that if a sale is made directly or indirectly within 180 calendar days after this Contract terminates to anyone to whom the Property was shown or submitted during the term of this Contract and whose name BROKER has submitted to SELLER in writing prior to the expiration of this Contract, the Commission and Other Compensation shall be due and payable to BROKER. However, SELLER shall not be obligated to pay the Commission and Other Compensation if a valid Exclusive Right To Sell Contract is entered into during such period with another licensed real estate broker and the sale of the Property is made during such period, unless said exclusions have been added to a subsequent Exclusive Right To Sell Contract. The terms “purchase” and “sale” as used herein shall include any agreement to transfer all or a substantial part of SELLER'S interest in the Property, including a Contract for deed, a Contract for sale, a lease, a lease/option Contract, and a shared equity Contract.We don't want to pay $500 and then if the house sells within the next year we still have to pay the commission to the broker. Therefore, my question is should we should ask to terminate the original contract? The "release" they sent us only releases them and not us.Thank you,Janice

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Loren

Juris Doctor

37,102 satisfied customers
This question is real estate related. needed a copy of the

this question is real estate related. needed a copy of the documents concerning property in utah in which owner carried. the only papers i had were either signed by the seller and not my husband and i, or signed by us and not the seller. figuring the title company we went thru would have them.what they had on file was pretty much what i had...escrow instructions that were not signed by both parties..etc. escrow officer said she would mail me what they had in thier files but ,utah is a right to privacy state and she would not send me copies of sellers papers.that each transaction was individual etc. my question...what could sellers papers contain that buyer would be kept from? and are any of the escrow agreements valid if not signed by seller and husband and i( as joint tenants) ?she said there is a search they can do for a fee. what might that be ?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
I listed a property for my seller. The other seller had his

I listed a property for my seller. The other seller had his own listing agent.My and my seller went to a real estate attorney after I took the listing.The attorney advised my seller he can put the home on the market as long as we stipulate that the home is owned 50/50 and we do not have full cooperation of the other seller. So we put it on the market received four very good offers. the other seller accepted an offer and we just closed escrow.Now the other seller filed a complaint that I could not put the home on the market. Will I get fined if I do not have the other sellers signature on my listing agreement. The other sellers attorney told me the home was going into default and it has foreclosure pending. So I put that on MLS and now the other seller is telling me that information was wrong also, that is part of the complaint..Does the other seller have a good case against me even thought my sellers attorney told us to put it on the market?

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37,964 satisfied customers
I own a park model mobile home in a campround at the shore

I own a park model mobile home in a campround at the shore where I pay rent for the land. I now want to sell and was told I can either use one company which the campground approves to list my place or sell it for sale by owner. I decided to use the company they told me because I have three children and it is difficult to come down for showings. When I went to list it, the manager told me he would not take my listing at the price I was asking. I wanted to list for $70,000. He said he would only take the listing if I sold for $35000. My place is worth much more than this and I didn't think the price for something I own could be dictated by a listing agent. Now I'm in a pickle because my only other option is for sale by owne . Is all of this legal?

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RealEstateAnswer

Juris Doctor

30,430 satisfied customers
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