Expert: Dick Dennis - 3/19/2009

Question
I own one-half interest in a house (inherited family home)and the other half is held by my sister-in-law, successor in interest to my deceased brother's one-half interest. She has delayed the sale of the house for three years while his probate dragged on--he died intestate. She finally signed a listing agreement, we listed the property and received a full asking price offer within 4 days. She allowed the deadline for acceptance to pass, claiming "second thoughts" and we are now losing the buyers. I want to sue her for damages. She has two children by my brother so she actually has a .16% interest as do each of the children. What are my options in this matter? I have been held hostage in this property for three years. I spent my money to fix the place up and rent it while she did nothing for these three years.

Answer
The fact that you received a full-asking price means you and she owe the Realtor a commission. Yes, even though there is no completion of sale. So, when you go to consult your real estate attorney to settle this matter, he/she will verify that. This is more of a legal matter rather than a real estate matter, Deborah. So, I recommend you talk to a real estate attorney to satisfy this problem, not to mention the funds you put into the property. I do wish you well.

Dick Dennis
dixiedee13@aol.com