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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 08-01-2015, 11:18 PM
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Default STBX offering to purchase my half of marital home - Do we still pay Realtor ?

Hello community,

The marital home was put on the market via a real estate agent. STBX now wants to keep it and buy my half.

Real estate agent still seems to want to get paid. The listing agreement signed seems to support this. Seems like we owe him 5% on the amount STBX will pay me.

Is this correct ?
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Old 08-02-2015, 12:33 AM
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Take a close look at your contract with the realtor. Seems to me that if your ex is purchasing your 50% of the house (which she already owns 50% of) it's not really a sale. So realtor should get no commission on the transaction.

Better yet, wait until the contract is due for renewal - usually 6 months, and simply take the house off of the market. If you are stuck with the 5% fee, you'll both have to split it 50-50.

I'm sure others with more experience will add opinions.
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Old 08-02-2015, 01:00 AM
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I wouldn't pay the realtor a dime. They didn't sell it.

You cancel the contract, taking it off the market. Finished. What you decide to do after that point is your own business.

I personally believe no one should sign anything more than a 30 day listing with a realtor unless you are trying to sell an acreage.
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Old 08-02-2015, 09:45 PM
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Quote:
Originally Posted by arabian View Post
I wouldn't pay the realtor a dime. They didn't sell it.

You cancel the contract, taking it off the market. Finished. What you decide to do after that point is your own business.

I personally believe no one should sign anything more than a 30 day listing with a realtor unless you are trying to sell an acreage.
Thanks for your response Arabian...


For the communities benefit, the language in the OREA Listing Agreement says that if the property is sold by any means during the listing period the commission is payable. So he is owed the money.


And as a matter of fact, it is an acreage, a 50 acre hobby farm west of Ottawa. I am in Toronto now, close to my kids, so really, an agent was needed and he did show the place a number of times.

STBX had made a prior ridiculous offer for it prior to listing with an agent (constant bad faith with her) so once an offer came in at market value she smartened up and made a reasonable offer. So it was worth having the agent involved. he even cut the grass.

He's now willing to take only 4% since this is technically a double end deal for him. Also the commission is based on half the home price.

so its not so bad. I just want out. I even offered to pay 3/4 of commission.

Also having agent involved adds a gravitas to the transaction, i.e. STBX is less likely to pull any bullshit.

much love to the community.
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Old 08-02-2015, 10:08 PM
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so you moved to Toronto to be closer to kids and stbx but now she is buying the hobby farm near Ottawa?? Is she planning to move back there?
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Old 08-02-2015, 11:55 PM
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I dont think you are obliged to pay the agent any commission. Pretty sure you can terminate the contract anytime and as long as you dont sell to someone he introduced you to then you are free and clear.

If you want to be fair pay him an hourly rate for the time he spent working for you.

If you want to protect your ass, get a notary or lawyer to draft the sale.

4% commission on 500,000 = $20,000 = a lot of money.

Can your ex actually pay you off and qualify for the mortgage?

Keeping the martial home is a good strate for custody...
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Old 08-03-2015, 09:34 AM
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Talk to a lawyer. In my case it was extremely complicated. If I wanted to buy out the matrimonial home I had to come up with his half as well as my half and the entire amount would be held in trust ( he argued that 100% of the money was his). I did manage to get a mortgage broker to give me a mortgage for 100% of the value of the home but it would have cost me $100,000 in interest for 6 months and there was no trial date. So I said no.

My lawyer said if I purchased the home on the open market through an agent I would have to pay real estate fees. However,if I did not go through an agent then only my ex would be required to pay fees . He would only have to pay 2.5% not the full 5%.
When my lawyer prepared an offer on my behalf I did not pay fees, only my ex.
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Old 08-07-2015, 12:37 AM
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Quote:
Originally Posted by standing on the sidelines View Post
so you moved to Toronto to be closer to kids and stbx but now she is buying the hobby farm near Ottawa??
thats right.

Quote:
Is she planning to move back there?
your guess is as good as mine. I would be happy if that were the case. Housing cheaper, near my girlfriend and could keep my job.
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Old 08-07-2015, 12:53 AM
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Was there actually a sale by the agent? The house was not sold by its former owners (you and ex) to new owners, instead one owner bought the interest of the other owner. Your ex did not actually purchase the house as it was listed, because she already owned half of it. The services of the agent were not needed to sell the house, because the purchaser was already a part owner, not a client. At least that's how it looks to me.

However, if you think the agent did a good job for you and it was worthwhile to have him involved, paying him for the time he put in makes sense. It would be a fee for his services, rather than his share of the sale.

For what it's worth, when my ex bought me out nobody paid anybody commission.
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Old 08-07-2015, 01:41 AM
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so there you have it

agent was contracted to sell the house - for whatever reason he did not sell the house therefore you owe him nada, diddly, squat, feegasbottem

If you wanna be a nice guy do what the agents do after closing a deal (worth over 500k) send him a flower arrangement with your thanks. Or a 50.00 gift card for Superstore.

Idiots
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