Legal Question in Real Estate Law in Illinois

my rights with a realtor

I currently have a house that is in foreclosure and my sister signed a contract with a realtor without my knowledge or permission to put the house on the market. Is the contract valid without my sighnature and do I have recourse?


Asked on 9/06/05, 6:45 am

3 Answers from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: my rights with a realtor

Your rights will depend on whether you are in "title" to the house, in other words, whether your name is on the house. Your sister is free to sell her interest, but not yours.

To definitively answer your question, your deed and related documents should be reviewed by at attorney.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 9/06/05, 9:57 am
Mark Banks-Golub Attorney at Law

Re: my rights with a realtor

You don't indicate how the house is held. Do you and your sister own it jointly? If her name is not on the deed, she can't enter into a listing agreement. If both of your names are on the deed, then your rights depend on the way the deed describes your interest.

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Answered on 9/06/05, 11:21 am
Thomas Moens Moens Law Offices, Chartered

Re: my rights with a realtor

In addition to the comments already made, if you made your sister your agent pursuant to a valid power of attorney, you may have authorized her to do this. You should contact an attorney immediately in either case.

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Answered on 9/06/05, 2:04 pm


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