Legal Question in Real Estate Law in Arizona

Real Estate, Divorce and the REALTOR
I am in the middle of a divorce. My wife signed an exclusive listing contract with her best friend before consulting me. The home that we were selling was valued at $670k. On the market for a month, we dropped the asking price to $599,999. The house remained on the market for another month. The REALTOR(my wife's best friend) found a buyer and drafted a contract for $489k that my wife signed,I refused and demanded the court appoint a new REALTOR. Meanwhile, my wife and the REALTOR schemed (I have proof) to ''sue'' me for damages and convinced the buyers to threaten to sue for nonperformance. The court ordered to go through with the sale despite such a rediculously low price! There is no doubt in my mind that the REALTOR, my wife and the buyer were all in bed together and plan to relist soon and turn a profit to be divided amongst them, I have no proof of this. Even with no proof of this, wouldn't this be a blatent breach of the REALTOR's fiduciary duties to me as her client? She is supposed to be working for ME and my wife. Posturing to sue in order to get what she wants sounds pretty unethical to me. So, is this a breach and could she loose the liscense for this?

Asked on 10/30/06, 6:34 pm

Cheryl Rivera Smith The Smith Law Firm

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Re: Real Estate, Divorce and the REALTOR

The court has the final say in this and it appears that the Realtor was merely following the court order.

Answered on 10/31/06, 8:41 am

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