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    ilivehereCA's Avatar
    ilivehereCA Posts: 4, Reputation: 2
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    #1

    Nov 21, 2011, 02:36 AM
    Defamation of character -- how much can one sue for?
    My ex and I have a house in another country and we are trying to sell it. My father is taking care of the affairs and he placed the house in a real estate agency. There is a potential buyer and the real estate needs a document from my ex in order to have the sale finalized. My ex is refusing to give this document unless I file a quit of claims and give the house all to him and later on he will write me a check with some money from the sale. Also, he wrote an email to me and my father that reads: "it is illegal in USA to charge real estate agency fees with-out an agency bureau license and a real estate agent license", in other words... he is accusing me, one more time, of something that is not true. Can I sue him for defamation of character? And is it a good idea to give to him the quit of claims?
    Thank you
    angelnursern's Avatar
    angelnursern Posts: 7, Reputation: 0
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    #2

    Nov 21, 2011, 04:24 AM
    absolutely do not file a quik claim deed in his name only that means you x has the rights to the sale profits go back to court and legally take care of the problem . He will not give you the monies later cause cause it legally doesn't have to . If you sign an agreement with your father if you sell the house you will get a percentage for selling it this is legally your x is screwing u over and sounds like a greedy money hog.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 21, 2011, 04:36 AM
    Sorry, but there is no defamation here at all. You have no case on several levels.

    He is making a statement that is factual in many areas of the US. Nor was this a public statement. Nor have you been harmed by this statement. Suing for defamation means you have to show how you were financially harmed by the statement.

    As to whether you should do what he asked we would need more information. You refer to your ex, were you married? Are you divorced or going through a divorce? How was the property dealt with as part of the divorce?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 21, 2011, 04:42 AM
    Quote Originally Posted by angelnursern View Post
    absolutely do not file a quik claim deed in his name only that means you x has the rights to the sale profits go back to court and legally take care of the problem . he will not give you the monies later cause cause it legally doesnt have to . if you sign an agreement with your father if you sell the house you will get a percentage for selling it this is legally your x is screwing u over and sounds like a greedy money hog.

    First it is quit claim deed. Second, while I agree with you that she shouldn't sign, that's not the question she asked. If you are going to respond to a post, please deal with the question asked, then add anything else you think pertinent. Third, the last part of your response doesn't jive with the facts. The OP and her ex jointly own the property. The father is just acting as an agent. The sale cannot be completed without the ex's sign off. You are new here and its nice that you want to help others, but there are certain standards that we maintain about the quality and accuracy of our advice. Please be more careful in the future about making sure to adhere to those standards.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 22, 2011, 09:41 AM
    ILivehereCA,

    I'm not sure who marked my response to you as unhelpful. But I stand by the accuracy of what I posted. There is no case of defamation for you based on the information provided.

    If you can provide us more info, we may be able to help further with the your real estate transaction.

    Unfortunately your other response didn't address your question and included some inaccuracies.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Nov 22, 2011, 11:25 AM
    Agree, there is no case for defamation of character at all.

    And the other owner does not have to sign, unless there is a court order to make them sell.

    The two owners can make money from the sale of this property, but the father can not charge for selling the house, but they can change for things they do for the people, such as clean, deliver paper work and the such. But only if both parties have agreed to pay them. But not from the sale, but pay them for duties they have done.

    So again don't sign the home to them, that appears to be a trick to cheat youu out of the money,
    ilivehereCA's Avatar
    ilivehereCA Posts: 4, Reputation: 2
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    #7

    Nov 22, 2011, 01:29 PM
    Thank you for the time you spent answering me, I appreciate it. I don't intend to sign this quit claims deed and give all the house to him. Yes, we are in the process of the divorce. My father is just taking care of the paperwork and we are back in the States. He is not asking for money, the house is in fact with a real estate agent and the agent asked for a recent power of attorney. My (about to be) ex is refusing to give this document to my dad, I even suggested that he could have one of his friends back there or an attorney to represent him and he still refuses to sign anything unless the house is entirely in his name.
    I believe he is doing that in order to keep me paying for his allotment, bills, car, insurance,health care, etc. almost 8 years married and he just worked 1 and half years, which is another reason why I don't want to give all the house to him.
    If you have any other advice for me, please let me know.
    Thank you!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Nov 22, 2011, 01:57 PM
    Well you may have to forego this buyer. Has the buyer signed a contract? If you have proof of a bonafide offer on the house, you can take that to the judge overseeing the divorce and show that you had a chance to sell it and he refused to sign the papers. That may help you in your settlement.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Nov 22, 2011, 07:02 PM
    Quote Originally Posted by ilivehereCA View Post
    .... My (about to be) ex is refusing to give this document to my dad, I even suggested that he could have one of his friends back there or an attorney to represent him and he still refuses to sign anything unless the house is entirely in his name ...!
    Such a deed can be delivered to an escrow agency which handles the closing, if whatever professional (attorney or realtor) who is handling the transaction sets it up that way. But don't give such a deed to your
    Ex directly.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Nov 23, 2011, 03:59 AM
    Quote Originally Posted by AK lawyer View Post
    Such a deed can be delivered to an escrow agency which handles the closing, if whatever professional (attorney or realtor) who is handling the transaction sets it up that way. But don't give such a deed to your
    ex directly.
    Are you suggesting that the OP sign over the property to the husband but only by delivering it to an escrow agency who will handle the sale? How does that help the OP? Doesn't that mean the husband will still get all the proceeds of the sale? The only way I would advise such a move is if the husband paid her, her share of the proceeds of the sale up front.

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