Legal Question in Real Estate Law in Arkansas
My husband and father in law bought the house that my husband and I currently live in a few years ago. My husband and I decided a couple of months ago that we wanted to try and sell our house and we obtained a Realtor and my husband signed an Exclusive Right to Sell contract with her. The realtor did not however have my father in law sign the contract despite the fact that we told her that his name was also on the Title. We now have friend who would like to purchase our house and we are trying to figure out if we can get out of the contract with our realtor and just sell it directly to him in order to save the cost of the comission. Would this contract still be binding on this property since my father in law never signed it and his name is on the title as well?
1 Answer from Attorneys
your husband cant sign the contract of sale and if so is void since the property is in the joint name. In case you have recd sales price it may be problem for you and the purchaser may sue you for non disclosure of information and cheating.