Legal Question in Real Estate Law in Arizona

Re: Realtor in breach of selling contract?

You need to have an attorney review all of the documents you signed with the realtor. You may have a claim against the realtor for deviating from the listing agreement, BUT it depends on what the documents say.

Re: Realtor in breach of selling contract?

I agree with the previous answer posted. It is not exactly clear from your question what the relationship of the "four other parcel owners" is. Do the five of you have an undivided interest in the same property? Also, yes, the documents need to be examined. But if the realtor failed to advise you of the change, and advertised a sale for more than the listing price, that appears improper to me. You may have recourse. I would immediately see an attorney, and would then, upon advice of the attorney, get a cancellation of the listing, and attempt to get an agreed single listing signed by all owners. If you cannot agree, you might have to partition the property, by agreement or by court order. Your damages may be difficult to evaluate at this time, in that you can re-submit your listing. Also, if one of the owners was never in agreement with the price you suggested, you could not have advertised it anyway at that price. The failure of the realtor here was perhaps to not notify you of the problem and try to correct it. He or she just listed the property without consultation at the higher price, without allowing you to deal with the "holdout" owner.

See an attorney.

Good luck and best regards,

James D. Jenkins