I'm currently going through a divorce and have the marital home in Overland Park for sale that I reside in. An offer was received a couple weeks ago that would have resulted in me coming to closing with thousands out of my pocket. My ex-wife wanted to accept this offer and I wanted to counter. Despite several attempts to the REALTOR she never got in contact with me.

Question: I'm currently going through a divorce and have the marital home in Overland Park for sale that I reside in. An offer was received a couple weeks ago that would have resulted in me coming to closing with thousands out of my pocket. My ex-wife wanted to accept this offer and I wanted to counter. Despite several attempts to the REALTOR she never got in contact with me.

On the day of the deadline for the offer the REALTOR submitted a counter-offer that my ex-wife prepared. The REALTOR presented the counter-offer as “ours counter-offer” which was accepted by the buyer. I never agreed to this counter offer nor was I even informed the REALTOR was presenting the counter-offer. I never signed the offer nor the counter-offer. Do I have any recourse against this Realtor?

Jack L. from Overland Park, Kansas

Answer: First, your REALTOR may be negotiating a short sale. If she is, she is working on your lender to forgive the difference owed.

Next, in order for the real estate transaction to come to fruition, you would have to sign a "contract and warranty deed” (assuming you are on title to the home) or a ‘disclaimer deed” (assuming you are still married and just not on title) PRIOR to the close of escrow.

Therefore, the deal will never happen without you signing off on it. A signed contract is not “executed” unless signed by all parties of the transaction.

If the REALTOR does not return your call, try contacting the real estate agent’s broker and have a conversation with them. If this does not work, escalate the issue to the Board of REALTORS in Kansas City and file a complaint. I'm sure though the broker will be able to handle the situation.

As always, you can always contact an attorney and have them read over the documents and protect your interest.

RE/MAX sells more homes than any other real estate company.
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