Ms. Lank: I have wanted to sell my house for a long time, but my wife won't agree or sign the papers. We still own the house together, and when we got divorced last year, I didn't move out. It's not a happy situation, and I still want to sell. Is there anything I can do? — P. W.

Answer: When couples divorce, the nature of their co-ownership of a home usually changes. Check with your lawyer. Unless your divorce agreement said something to the contrary, you probably have the right to force a court-ordered sale of the house. That's an unpleasant way to handle things. And, such a sale seldom results in the buyers getting full value. Perhaps mentioning the possibility of a court-ordered sale will encourage you two come to an agreement.

Did Agent Cheat?

Dear Edith: We used a real estate company to sell our parents' highly desirable golf-course patio home. The Realtor also brought the eventual buyer, who toured the home during an open house.

Before we got their offer, however, the agent changed the multiple-listing-service status to "Pending Sale." I noticed this and brought it to her attention. She blamed it on various other websites. I told her to put the house back at "For Sale" status immediately. After waiting a week, I called the senior broker and had it done.

Apparently, the eventual buyers, who were also her clients, wanted to make a noncontingent offer, but they hadn't sold their home. It appears that our agent attempted to save my parents' home for her clients. She eventually sold the buyers' home, too, so she earned two commissions, which I imagine is the reason behind all the deceptive behavior. I am wondering if what she did was legal.

During the same open house, another couple made a cash offer for the full price. We were never notified. These potential buyers were told that another offer had already been accepted, which was untrue.

I learned all of this because this couple eventually bought the patio home next door. We met them, and they told us what happened. To add insult to injury, my parents' home sold for $50,000 less than their cash offer.

Is it legal for an agent to fail to disclose an offer in favor of an offer from another client? I am sure this cannot be legal. — edithlank.com

Answer: You didn't say where your parents' home is located. The Law of Agency varies across states. But usually, the agent who lists your home, the managing broker and the brokerage company all owe you, the client, certain specific fiduciary duties. The duties boil down to this: The agent is obligated to put the client's interests first before anyone else's, including the agent's.

If those eventual buyers were really the agent's clients, she may have been practicing undisclosed dual agency. That's a difficult situation legally, but no matter how complicated, it never excuses lying.

One fiduciary duty calls for obedience to your lawful instructions, which did not happen when your agent left your home at "Pending Sale" status. Another duty requires immediate presentation of any written offer. But it sounds as if the all-cash potential buyers never got that far. Even so, they were entitled to honest treatment.

You have several options, which are progressively more serious.

—You can protest to the managing broker, who bears legal responsibility for the agent's actions.

—You can contact the local Association of Realtors office. The National Association of Realtors is a private trade organization to which most local brokerage firms belong. It has procedures for enforcing its own code of ethics.

—You can file a complaint with the state agency that administers real estate licenses.

—If your neighbors are willing to testify they offered $50,000 more than the buyers, you can consult a lawyer to see if it's worth taking legal action.

Title Insurance Optional

Ms. Lank: I'm buying a cottage for cash without a Realtor, but I am using a lawyer. A purchase offer has been signed by both parties, and now my lawyer wants me to get title insurance. Is this something I need? — A.C.

Answer: If you want to get a mortgage, know that the lender would require title insurance to be sure the security for the loan wouldn't ever be threatened by someone else's claim of ownership or an undisclosed debt against the property.

Because you're paying in cash, you can certainly buy the cottage without title insurance. If you do get it, you can be confident that your ownership is protected against unexpected claims.

It seems foolish to pay a lawyer and then reject the lawyer's advice. My mother used to say, "Why feed a dog and bark yourself?" That was good advice, though, as it happens, she was a champion barker. But that's another story.

Contact Edith Lank at www.askedith.com, or at 240 Hemingway Drive, Rochester NY 14620.