Legal Question in Real Estate Law in Utah
Realtor commission
I talked with a real estate agent who said that his fees would be negotiable. My wife signed both her name and my name (without my consent) to a listing agent contract with this agent specifying 6% commission. She says that the agent saw her sign my name to the contract. The agent is not negotiating and wants to charge the complete 6%. Is the contract binding?
1 Answer from Attorneys
Re: Realtor commission
The signatures bind her but not you. And if your name is on the deed to the property it cannot sell without your signature on a new deed of transfer.
What you have here is an abortive attempt to enter into a listing contract, meaning that without both of your signatures on the listing agreement the house cannot be sold (again, assuming that your name is on the current deed).