Summersville, WV asked in Land Use & Zoning and Real Estate Law for West Virginia

Q: My dad died and his land went to my 2 brothers and I. They got an offer to sale, I do not want to sell can they make me.

2nd if the land is wanting to be bought by realtor can they give my brothers legal advise on how to get me out. Like taking me to court

1 Lawyer Answer
Anthony M. Avery
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  • Real Estate Law Lawyer
  • Knoxville, TN

A: You might buy out their (probable) one-third interests) and get a Deed from them. It could even be an owner financed mortgage. But ultimately the Brothers can file a Partition Action against you, which usually does not bring the best price. Realtors are not attorneys but agents on commission. They can and will advise sellers how to sell no matter what. You might get a lawyer to check the title. Sometimes there are title or access problems which slows everything down.

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