Why does my ex-husband’s attorney want a copy of my listing agreement?
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Why does my ex-husband’s attorney want a copy of my listing agreement?
Our divorce decree reads that I am awarded the marital home with intent to sell immediately. My ex has no financial interest in the home, however it took sometime to get house in order to list. I am a single mother with 100 physical and legal custody of my 14 year old daughter. The divorce was final Dec. 19,2016. Oct. 2017 I received motion from his attorny for not having house listed. I have house listed now with reputable broker as decree reads and also purchased new home waiting for closing date. His attorney is insisting I send him copy of the listing agreement although I have sent him my listing that is posted on Zillow or he will still take me to court even though I have complied with divorce decree. Why is he hounding me for listing agreement? And am I compelled to give it to him?
Asked on November 17, 2017 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Zillow proves very little, since anyone can post anything on Zillow without intending to (or being able to) follow through on it: for example, two years ago, the ex-husband of one or our friends posted on Zillow that her house was for sale, just to harass her, even though he had no ownership of the home or right to do this.
It is easy to post on Zillow then never show the home, never sell it, etc. While a listing agreement does not guaranty a sale, it is *much* stronger evidence of a good faith intent and effort to sell: it shows that there is a real estate professional who will putting his/her time and effort into selling. It is perfectly reasonable for them to ask for this.
More to the point, why won't you provide it? How will providing it harm you? If you have an agreement, send a copy to avoid legal action, since if they do take you to court for noncompliance, you'd have to produce the agreement in court anyway. And if you have not entered into a listing agreement, do so.
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