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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10719
Experience:  Barrister 17 years experience
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I jointly own a property with my wife, after agreeing we would

Customer Question

I jointly own a property with my wife, after agreeing we would sell she has signed with an estate agent I don't want to use. I have a different cheaper agent in mind but the agent she has signed with says the six month contract is legally binding. How can this be if I haven't signed it? The contract says i/we having sole authority to sell this property instruct the agent to sell.
Surely this would only be binding and therefore enforceable if we both sign it?
Submitted: 2 years ago.
Category: Property Law
Expert:  Buachaill replied 2 years ago.
1. You are correct. Of course this isn't binding on you. The agent is just chancing his arm. You are free to use whatever agent you choose. This agent has no authority to act, as he didn't get the signatures or consent of both owners. So you are not bound and you are free to get the cheaper agent you wish to use. Be aware that the fact you didn't sign means that your wife also isn't bound to use this agent if you won't agree. So go ahead and use the cheaper agent and avoid this chancer your wife fell in with.