Q: 5 out 6 siblings agreed sale houseand sign a contract. Can investors sue if we change minds?
The six sibling is refusing to sell and we have a higher offer also. Is still legal contract even if my brother did not sign . The realtor is stating there is a legal contract because five out of six people signed. The house is in Florida
A: You need to ask Florida counsel. It may also depend on how the property is titled. If all six siblings own as tenants in common, the the five siblings can each sell their one-sixth interest in the property, but not the one-sixth share owned by the one sibling who won’t sell. If owned as joint tenants with right of survivorship, then you cannot sell individual interests in the property. Five out of six cannot sell 100% of the property without unanimous agreement. If you want to force the sale, any joint owner can petition in court for a “sale in lieu of partition”, and a judge will appoint a trustee to sell the property and no owner can stop it.
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