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  1. #1
    Join Date
    Mar 2010
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    Default Agent Agreement for Selling Home in Probate

    My question involves real estate located in the State of: Georgia

    Can we sign a listing agreement with a real estate agent before my fatherís will goes through probate?

    Dad had a reverse mortgage on the home he and my sister shared; his will leaves the house to her. When he passed, the lender notified us to choose among certain actions. It appears that the best option is to market it for a short sale (lender agreed to this), allowing her to live there while the house is on the market.

    Our decision time is almost up and proof of listing must be provided to the lender. However, the will is just now being presented to the probate court and the estate will be open for at least 6 months. We should receive letters testmentary soon but donít have them yet.

    Can a real estate agent sign a sales agreement with us? We have been talking to an agent (a young one), and he asked us to ask a lawyer to confirm this.

    If this isnít possible, will she just have to forfeit the home? She couldnít get financing to buy it herself.

    (I refer to ďweĒ because we siblings are all on her side and helping any way we can.)

  2. #2
    Join Date
    Oct 2016
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    3,228

    Default Re: Agent Agreement for Selling Home in Probate

    Quote Quoting TooConfused
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    Can a real estate agent sign a sales agreement with us? We have been talking to an agent (a young one), and he asked us to ask a lawyer to confirm this.
    When the real estate agent rightly suggested you ask a lawyer he did not mean to ask on an internet forum.

    Contact a local lawyer.

  3. #3
    Join Date
    Jul 2018
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    1,648

    Default Re: Agent Agreement for Selling Home in Probate

    Quote Quoting TooConfused
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    Can we sign a listing agreement with a real estate agent before my fatherís will goes through probate?
    I'm sure you all have the ability to sign your names. I suspect the question you intended to ask is whether any real estate agent will enter into such an agreement with you under the circumstances. That's a question you'd obviously have to direct to one or more RE agents.


    Quote Quoting TooConfused
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    Can a real estate agent sign a sales agreement with us? We have been talking to an agent (a young one), and he asked us to ask a lawyer to confirm this.
    That's a question that he should be asking his lawyer, and any decent lawyer should tell him that he should only enter into such a contract with the court-appointed executor of the estate because that's the only person who has or will have authority to sign such a contract and sign a deed.

    Whoever it is among you and your siblings that has applied to be appointed as executor should be discussing this with your attorney.

  4. #4

    Default Re: Agent Agreement for Selling Home in Probate

    Quote Quoting PayrolGuy
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    When the real estate agent rightly suggested you ask a lawyer he did not mean to ask on an internet forum.

    Contact a local lawyer.
    That's an odd response coming from someone as highly visible in here as you, Herr Bean Counter!

    Quote Quoting TooConfused
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    My question involves real estate located in the State of: Georgia

    Can we sign a listing agreement with a real estate agent before my father’s will goes through probate?

    Dad had a reverse mortgage on the home he and my sister shared; his will leaves the house to her. When he passed, the lender notified us to choose among certain actions. It appears that the best option is to market it for a short sale (lender agreed to this), allowing her to live there while the house is on the market.

    Our decision time is almost up and proof of listing must be provided to the lender. However, the will is just now being presented to the probate court and the estate will be open for at least 6 months. We should receive letters testmentary [sic]]soon but don’t have them yet.

    Can a real estate agent sign a sales agreement with us? We have been talking to an agent (a young one), and he asked us to ask a lawyer to confirm this.

    If this isn’t possible, will she just have to forfeit the home? She couldn’t get financing to buy it herself.

    (I refer to “we” because we siblings are all on her side and helping any way we can.)
    It seems to me that the agent's broker is the party in need of consulting with an attorney. And perhaps one that might know whether or not if under Georgia probate law the father's title vested in the devisee/daughter instantly upon his death as is true in several states. (Example: Revised Code of Washington Section 11.04.250 When real estate vests - Rights of heirs)
    (This not to imply that it is necessarily essential or decisive of the issue.)

    But why isn't it the lender's call rather than you people or that of the broker? After all the lender is in control and it has imposed the condition. If the lender doesn't complain why should anyone else. Plus it would be a simple matter of the sister affirming or resigning once letters are issued.

    Also it should be merely a matter of hours- not days, weeks or months - within which Letters Testamentary can be issued to the applicant for appointment as the personal representative of the estate. The attorney for the estate should be so aware, plus have the answer as to the propriety and effect of the sister/devisee signing a listing agreement prior to her appointment as personal representative. That is, if one of "we" isn't foolishly attempting to play at being an attorney for the estate.

  5. #5
    Join Date
    Nov 2013
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    6,416

    Default Re: Agent Agreement for Selling Home in Probate

    Quote Quoting TooConfused
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    Can we sign a listing agreement with a real estate agent before my father’s will goes through probate?
    You go to the probate court with the will and the executor/trix gets appointed right there and then. You pay for letters testamentary you get them and you can sign contracts to sell the property or conduct any business of the estate while the estate goes through probate.

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