Is listing agreement valid if sibling signs brother’s name?
Q: I own a condo along with my brother. I listed the condo for sale with a Realtor. I signed the listing agreement and I signed my brother’s name. Is the listing agreement valid?
A: Did your brother give you permission to sign his name? If so, you are his agent and have the right to sign on his behalf. If not, we could call that forgery, which is not a good thing to do.
Get a power of attorney from your brother (forms are easy to get), and you’re on the right track.
Q: I’m buying a house, and my agent had us sign a document called a “buyer’s walkthrough” or something. I’ve agreed to buy the house already. What is this form for?
A: What does it say? The ones we have seen give you the right to walk through the house prior to closing, but noth- ing else. I guess it gives you the right to walk through the house, but what if you find out it’s a pigsty and they stole all the drapes? What does it say your remedy is? If it is not clear on this point, we wonder the value of the form.
Q: My buddy and I decided to start buying houses, fixing them up and reselling them. We’ll be 50/50 partners. What should I look out for?
A: Your “buddy.” He is now an agent for the partnership and can bind you and create liability for you as his partner. People’s attitudes change when they see money they can control and spend. We suggest you choose another form of ownership than a partnership. Find a lawyer who is experienced in these matters. Paying for a little advice early can save you thousands in the long run.
To send a question visit www. AskGeorge.net and select the “Ask A Question” button. Answers to questions do not contain legal advice. If you wish to obtain legal advice, consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.