Q: In mo, a father and his 2 adult daughters have a piece of property and are joint tenants with rights of survivorship...
The father listed the property to sell with me. I was unaware of their ownership arrangement. One daughter has been involved in the sale throughout its entirety. The other has been aware of it the entire time and has been supportive. After having been on the market for a year one daughter does not want to sign now the title is come back and we have an excepted contract to buy. is the contract we have legal? And is there anything that the other two parties can do to get this property sold? The buyer will not just walk away easily
A: Unfortunately, all owners are supposed to sign the listing agreement for just this reason. If one owner does not want to sell, it is up to the other owners to take legal action to force the sale. This is unlikely to be complete by your contract closing date.
Anthony M. Avery agrees with this answer
A: The Partition Action is for the Titled Owners' benefit. not the buyer's. The real estate agent (you) should never have listed the property without all the owners signing the contract. The buyer should have performed a title search prior to signing a contract of sale. This is probably a good result considering you possibly could be sued and/or have your license in jeopardy.
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