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I am recently divorced in Wisconsin. My now ex and I have a…

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I am recently divorced in...
I am recently divorced in Wisconsin. My now ex and I have a cabin that is listed for sale. An offer came in - significantly less than what it owed and monies required at closing. The realtor presented the counter offer without my consent -- but did have the agreement of my ex. As a result of the property division - my ex got all of the assets with the exception of the cabin since it was on the market - I got all of the debt -- including outstanding debt on assets that my ex got. Can the crooked judge order me to sign the counter offer? Can a realtor present a counter offer without agreement of all sellers?
Submitted: 7 months ago.Category: Real Estate Law
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11/27/2017
Real Estate Lawyer: Ray, Lawyer replied 7 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,280
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 7 months ago

The judge has the final decision.You can oppose any sale for less than whats owed.I cannot see the judge approving this for something below market if you set out your reasons.You can argue it ought to at least cover the debt, otherwise it is not a fair resolution.Both of you have to agree here or the judge has to resolve it if there is disagreement.Stand your ground here and hope court agrees with you.You don't have to accept this.

I appreciate the chance to help you tonight, sorry you are having to deal with this.

If you can positive rate 5 stars it is much appreciated.Good luck here with the judge.

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Customer reply replied 7 months ago
As indicated in my previous response the judge has been less than fair --- my ex's biological father bought the judge.How can I calculate all of the monies that will be required at closing?Did the realtor violate the listing contract presenting a counter offer without my agreement?
Real Estate Lawyer: Ray, Lawyer replied 7 months ago

I would say realtor here violated the contract if he did not consult you in this matter as per the listing agreement.You can ask the title company here or realtor to supply a good faith estimate of closing costs.

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Customer reply replied 7 months ago
The realtor was asked to provide detailed costs but he didn't produce anything other then a general email statement "commissions, taxes, filing fees, documentation fees, etc." --- the same as when I have asked him numerous times what his marketing plan for the property was he provided nothing. Recourse?
Real Estate Lawyer: Ray, Lawyer replied 7 months ago

File realtor complaint here, they can be sanctioned or have license terminated.

https://dsps.wi.gov/pages/SelfService/FileAComplaint.aspx

Civil suit against realtor for breach of listing agreement here too and seek damages and legal fees.

Thanks for follow up here.

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Customer reply replied 7 months ago
Hi Ray - there is also a tax lien on this property --- can it be sold without the lien being satisfied?
Real Estate Lawyer: Ray, Lawyer replied 7 months ago

Well they can sell it but the lien goes with it.A cash buyer can pay it off or buy it with lien intact.A lender would require it be paid off prior to funding the loan.So yes it has to be dealt with at some point.

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Customer reply replied 7 months ago
Hi Ray --- despite the actions taken by the real estate agent and my ex - the judge has signed an order ordering me to sign the purchase agreement - and if I don't comply my ex can sign on my behalf. Have you ever heard such a thing --- and is it legal in a real estate transaction? Also, the listing agreement indicates that the property will be sold for $799K and will include certain appliances. If the sale agreement is for $725K which is significantly less than the list --- I want to keep my commercial stove and my washer and dryer. The real estate agent says that I cannot request any modifications to the listing agreement based on the buyers offering less. Is that true?
Real Estate Lawyer: Ray, Lawyer replied 7 months ago

The judge has final say here.Sorry he did this to you.I have heard of judges doing strange things.You would be in contempt if you didn't follow the courts orders I am afraid unless you want to appeal it.

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Customer reply replied 7 months ago
OK --- unfortunately that's what I thought --- but what about removing my washer, dryer, and stove? Isn't there something to say that the $799K List Price includes certain items --- but if less than list is offered -- that what would have been included in the list price of $7999 --- but is removed due to the offer price of $725K --- meaning the conditions are modified due to a lower price?? Also, can these items be identified as personal items --- just as a couch or home decor is considered "personal"?
Real Estate Lawyer: Ray, Lawyer replied 7 months ago

Yes if there is nothing in the contract washer, dryer, and refrigerator unless built in aren't fixtures.Check the contract here to see what it says.It does control.

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Real Estate Lawyer: Ray, Lawyer replied 7 months ago

Thanks for rating 5 stars at top of page and happy holidays.

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