Legal Question in Real Estate Law in California

Listing Agreement & Fraudulent Broker
A listing was signed and multiple offers were submitted over the last few weeks. Then one of the attorney's got his RE Broker mother involved and stated that per the settlement agreement she had been given complete control to sell the property. No where in the settlement documents is her name even mentioned, no stipulations to that effect, nothing. The judge who orig. oversaw this case has since died and the latest judge doesnt seem to want to go back over the court documents to double check what exactly was agreed upon. Now the board of RE is involved and they too cannot find anything legit about this brokers so-called ''right to sell''. The attorney who is pushing for his mothers brokerage to sell the property has about run out of options but this is getting old and he keeps filing motion after motion, were all being drained dry. Next week we go back to court to tell the judge once again if we want to oppose this nitwit's last exparte papers. He is now claiming his mothers buyer is pulling out but wants to resubmit at a much lower offer. Although this isnt much info, is there any type of motion that we might look into filing? Say motion to set aside? Motion to remove this broker? A default of some kind due to fraud? Please adviz

Asked on 3/07/08, 5:32 am

Mitchell Roth MW Roth, Professional Law Corporation

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Re: Listing Agreement & Fraudulent Broker

Can't advise about something like this. I assume you have a lawyer who is much more familiar with the particulars.

Answered on 3/07/08, 9:09 am

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