Expert, localized Los Angeles answers provided by Heather Roy

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Brother Died

  My brother owned our home. i just lived with him and helped with expenses.he decided to sell the home and list with a local broker.after the house was not selling, he decided through the broker to go onto multiple listing and extended his contract in writing with the broker until dec 15,08. but he became ill suddenly and died 2 months into the contract,the house has been left to me and i have decided not to sell.the realtor keeps calling me and asking me to pay for her expenses that she incurred during the 2 months that the house was for sale. no where in the contract did it state any fees, other than commission if the house were sold.i have asked for the key and she keeps telling me that she will give it back to me only if i sign some papers. and i have asked the house to come off of the multiple lsiting and they told me no.
do i owe her anything? and how do i get the house to come off of MLSLI.com? i did not sign any contract with her.only my brother did.

Please advise,
Thank you,Christine
 
  An agency is automatically terminated by the death of either principal or agent.  Your brother was the prinicpal in that listing.  As for the key -- it's a good idea to change the locks any time there's a change in ownership or even a change in tenants.  Call a locksmith and start over with the locks. 
You don't owe anything to the individual agent, by the way -- even if you did owe something, it would be owed directly to the company.  If you've been talking with a salesperson, it's time to let the supervising broker in that company know you've been pestered at a time of mourning.  If it's the broker who's been talking about repaying their expenses -- let them go ahead and sue you in small claims court (I'll bet they won't) and you can see what a judge says.
Let me know how it comes out; I'm interested.
    Edith
Originally published on August 20, 2008
 
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