Errors in listing contract, Multi-stage retirement care


Dear David,

What happens if a listing contract has been signed, but turns out to have errors?  Is that contract enforceable if the seller decides to change agents? – CONCERNED

DEAR CONCERNED: The Listing Agreement is a standard contract for the most part, but there are a few critical details which must be accurate, including the names, property address, dates and compensation. An inconsequential omission, such as leaving out a postal code, would not be considered a critical error. Likewise, a slight variation in someone’s name (writing David as Dave, for example) is not likely to bring things to an end.

I don’t have any details regarding the nature of the error in your contract, but it sounds to me like you might have a strained relationship with your Realtor. I suspect that if everything was going well, you wouldn’t be looking for a reason to part company. If this is the case, you may wish to have a heart-to-heart with your agent. Just like in a marriage, communication solves a lot of problems — and trust me, the agent should want to hear from you.

When a seller enters into a listing agreement, they do so with the real estate brokerage and not with a specific agent. If you and your agent can’t work things out to your satisfaction, perhaps the brokerage could step in and help transition the listing to someone else, allowing another Realtor from within the organization to take over. PRO TIP: If everyone communicates their concerns, there is always a solution. The ultimate goal is to get the house sold.

Dear David,

We need to downsize. I’m quite active and in better shape than husband, who is starting to need nursing care. I’m not sure where we should go, but I’m not ready for a retirement home just yet. – YOUNG AT HEART

DEAR YOUNG: There are housing options out there that can work well for both of you, but you’ll need to do a little research to find them. Our area is home to a number of multi-stage communities that I think would be worth a look. A multi-stage complex allows some residents to live independently in furnished apartments and even have a car on site, as they would in any condo. Others receive staged care that can range anywhere from assistance with medication, to full 24-hour nursing. Since couples don’t always age at the same rate, this style of living allows them to stay together, without compromising freedom or safety.

A setup like this would allow you to pursue an active lifestyle, knowing that your husband could have the care he needs under the same roof, within the same community. Hopefully your care requirements don’t change, but if they do, you can stay in the same location and meet those needs as they arise.

If either of you develops complex needs or becomes medically fragile down the line, it can be a godsend to have more intensive stages of care at your disposal. With both of you at the same location, you can eliminate the disruptive challenge many couples face when they are separated by care needs and must travel to see each other. #AskDavid #Advice