Hi, I siged an Order to settle up w/my ex-XXXX. I agreed to pay to have the marital home appraised, using the appraisal as a basis for determining if I wanted to make an offer for the house. I have made an offer to buy the house and told my ex if she takes me up on the offer, I will give her a copy of the appraisal or if she wants to see a copy of the appraisal I will share a copy for half the price of the appraisal and give her the half appraisal fee back if I buy the house. Her lawyer tells me I am obligated to show her a copy free of charge. The Order says below as it relates to the appraisal.
Am I obligated to turn this over free of charge or will a judge order me to do so and make me pay Court costs for them taking me to Court if they file a motion compelling me to do so?
a. Upon full and complete agreement of the Order herein has been agreed to and signed by both parties and their attorney’s, the Defendant will pay for and have an appraisal performed by Beasley’s Appraisal. After the appraisal as called for in (b) below and the Defendant’s decision not to purchase, the parties’ marital home located at xxx shall be immediately placed on the market with a realtor to be sold. The parties shall confer on the selling price, should they disagree, the judgment of the selected Realtor shall become the final authority. To determine the realtor, each party will select a realtor of their choosing within 30 mile radius of Wal-Mart in XXXX. In the event the Defendant and Plaintiff select different Realtors, the Realtors then will select the Realtor. The full process described above and must be communicated via email to both Plaintiff and Defendant at the following email addresses:
Plaintiff: Defendant: That from the sale proceeds prior to the payment of the outstanding mortgage at xxx except for the normal cost of closing the real estate transaction, including the realtor’s fee, the Plaintiff shall receive one-half (½) of the net proceeds. The Defendant agrees to pay any real estate taxes owed the County of xxxxx from his portion of the proceeds. By way of signing this Order, both the Plaintiff and Defendant agree that there are no other liens, financial claims or deeds of trust associated with the house or land located at xxx. During the time the property is being marketed, the Defendant shall be responsible for reasonable maintenance and insurance on the house and property in lieu of paying to Plaintiff any rent. b. That the Defendant shall cause the former marital home to be formally appraised by xxx. Upon receipt of the appraisal, the Defendant shall have ten business days to decide if he would like to purchase the home and arrange financing, paying to the Plaintiff one half of the appraised amount less 2 percent. The appraisal shall be done within 10 calendar days from the signing of this order by all parties, subject to appraiser’s schedule, and if not done within that period taking into consideration appraiser’s schedule, option “a” above shall become the order of the Court. If Defendant purchases house, he will be fully responsible for payment of the Equity line at xxxx and secure the release of the Plaintiff.