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#145678 - 06/05/07 10:05 AM Forced listing signing, who gets theClosing check?
chiefnet Offline
Member

Registered: 11/17/05
Posts: 29
Hello all. I'm hoping someone can help me with a bit of a complicated situation. Here is the situation...There is a property of land in the Province of Ontario. Say the property was in a wife's name, and the husband somehow forced the wife to sign listing papers. The wife is worried if there is an accepted offer that the check could be written in the husband's name, even though the property is in her name. In Canada, does the wife, need to sign the offer sheet if an offer is presented, or can the husband sign it without ever showing the wife? Also, at closing will the check be written to the spouse (husband), or will it have to be in the wife's name? The listing paper has her husband on the spouse's signature. She did not sign over the deed to him. What is the penalty for not selling if an offer comes in? The wife doesn't want to sign the offer sheet because she was forced into the listing, and if she does, she wants to know that the check will be in her name, not the husband's. She doesn't want to sell it due to sentimental value, but if she's forced to sell, she wants to make sure it goes through her, and she gets the check. If the husband gets it, she'll never see the money. Hopefully that wasn't too confusing. Thank you in advance for any help and advice on this bit bizarre situation.

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#145703 - 06/05/07 11:24 AM Re: Forced listing signing, who gets theClosing ch [Re: chiefnet]
Artiste Offline
Major Contributor

Registered: 06/12/06
Posts: 1858
Loc: Arizona Bay
Only people on title can be parties to a transaction. No one I know of would write a check to someone not on title, unless they receive instructions from the principal. Is there a chance she'll be forced to sign instructions such as that?

For further help, direct her to the nearest women's shelter and divorce attorney.


Edited by Artiste (06/05/07 11:25 AM)
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#145784 - 06/05/07 03:14 PM Re: Forced listing signing, who gets theClosing ch [Re: Artiste]
chiefnet Offline
Member

Registered: 11/17/05
Posts: 29
Thanks Artiste. Good to hear that part is similar to the U.S., I was worried it might be different, you never know. She hasn't signed anything besides the listing papers, so there should be no special instructions to write a check to anyone else. She had said that she only signed the listing and nothing else, so hopefully everything works out then.

I'm trying to help her on those issues.

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