my ex husband has exclusive rights to sell our home but the realtor's term has expired as of March 31. now he has allow the realtor to keep the sign up without a listing agreement signed by both of us.
how can i get this sign taken down without taking the realtor to court. the realtor is claiming to be the listing agent but there is no listing agreement signed by either of us.
website addresses appreciated where i could report this misrepentation of the agent.
I am licensed as a real estate salesperson although I am not active in residential work.
I would recommend that you contact the broker at the agent's office. If the agent does something wrong, there is a possibility the broker could face a penalty as well and they don't like that to happen! They could easily have their office shut down and lose their license for good.
Good luck!
V.
S.,
You can report the realtor to the Dept. of Business & Professional Regulations. You will find the information you need at the following address: http://www.myflorida.com/dbpr/reg/complaints/index.shtml
I'm sure things will work out in your favor. Good luck to you and take care.
J. C.
NPR
Dear S. C,
First let me ask you to explain to me how you and your ex are in title to your property? Florida is a Homestead law state and if this home is your "homestead", by Florida law neither you nor your ex can dispose of the property in anyway without the other's signature and consent to do so. Florida established "homestead rights" specifically for the purpose. Years and years ago when the law was established it was to mainly protect the wife and the children from that marriage from being taken advantage of by the ex husband signing away their lawful rights to the primary residence. According to that law, a homestead property is a property that doesn't have to be in both names necessarily, but if you lived under the roof as husband and wife just one night and you have no other property listed as your "homestead", then this particular property falls under that law. You both would be in title to the property by "Tenants in common with rights of survivorship". Should either pass away, it automatically goes to the surviving spouse without going through probate or a Will.
I am going to assume that you lived together in this home as husband and wife and I am going to assume that this was your "homestead property". That being said, there is nothing that your husband can do to the property without you. NOTHING. That includes listing the home with a Realtor, posting signs in the yard, etc. If you did not sign a listing agreement then this Realtor has absolutely no legal rights to do anything with your property and he can have his license taken away and/or reprimanded by the Florida Real Estate Commission, not to mention his Broker of record could fire him for his inappropriate business actions because he is acting not only on his own behalf, but that of the Broker where he hangs his license to practice real estate. This is a lawsuit waiting to happen in your favor and you would definitely prevail in this case.
In order for me to help you further I would need to know if this property was your primary residence where you and your ex husband resided during your marriage. I would need to know how he obtained "exclusive rights to sell your home".
My help to you is free. I am married to a commercial real estate broker in Tampa and I also have a real estate license. I am NOT looking to you to become your Realtor. With my license, a Realtor must also take real estate law and I am offering you valuable information to help you through this issue. So, please do not think I am trying to gain business...I enjoying being a stay at home mom right now!!
I look forward to helping you in any way that I can by offering the necessary information that you need in order to protect yourself and to answer the questions that you have regarding your property and what your legal rights are. I could tell you to contact the Florida Real Estate Commission, I could tell you to contact a lawyer....I could tell you to contact a lot of people, but I would like to help you without putting you through all of that and to give you the legal information that you need in order to proceed with confidence and not have someone steer you in the wrong direction. You need to know where you stand and you need to know what your legal rights are so that you can handle this problem through the right sources and also alleviate any mistakes made simply because you think that your ex has the upper hand. I assure you he does not and all you need is to have more information in order to do the right thing and to protect yourself.
T. H.
http://www.state.fl.us/dbpr/re/frec_welcome.shtml
Try this..this is the Florida Real Estate commission...Good luck!!
