Legal Question in Real Estate Law in Utah

first right of refusal

I am selling our house and splitting the equity with my ex-husband. The divorce decree gives me first right of refusal, so I can purchase if I choose and match any bona fide offer. The realtor did not attach an addendum stating he will accept this, but verbally agreed. Will a district court divorce order supersede a real estate contract? And if so will I have to pay the realtor his full commission? He is a real jerk and we are almost at the end of our contract. I am afraid he will sue for his commission and say I did not keep the house marketable if the house doesn't sell. I have not given him cause to think I made the house not marketable, but did call him a jerk and he is really mad at me. The house is on a landslide and not very sellable to begin with. I only put the right of refusal in the event the price tanks to almost nothing for a place to live. Please advise.


Asked on 4/04/09, 9:22 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: first right of refusal

Without the first right of refusal in the contract, your contract is not enforceable. A court will not enforce a verbal agreement about real estate. You can fire your real estate agent - call the agent's broker. You cannot sell the house without disclosing all of the adverse information - including the landslide.

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Answered on 4/06/09, 10:49 am


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