This issue is regarding a Partion Sale 901 that has been granted by the Court with the Court ' decision to appoint a referee. After receiving the decision the Plaintiff' s lawyer approached my counsel to suggest that we try to settle without a referee by using a private broker and that they would ask the Court for a stay and the court's permission to proceed in this way. However,
, the Plaintiff is demanding that I sign a binding listing agreement with a broker of their choice prior to them approaching the Court for permission. Unfortunately I am working with a lawyer who is not telling me the legal ramifications of this. I sense it would be unwise to proceed in this way and feel that permission from the court should be granted first before I legally bind myself to a process and broker that the court has no knowledge of. Am I correct in my view of this? The case is in New York State.
It sounds like you have several concerns that need to be addressed prior to settling for the broker of the Plaintiff's choosing. You should discuss your concerns with your attorney. If he cannot explain the ramifications to you, then you may need to find a different attorney that can work with you.
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