Expert: Jessica Bryan - 9/8/2010

Question
Hi Jessica,
My two brothers and I own a house.  I am 50% owner.  They each own 25%.
The deed is “Tenants in Common”.  I have been trying to sell the house for 2 ˝ years now against my brothers wishes. I finally have a buyer for the home; however my brothers refuse to consent to the sale.  
My attorney is trying to settle things amicably with my brothers and avoid going to court.
My real estate agent is concerned about losing the buyer and wanted me to start the sale and sign the consent, stating that it will take a while for the mortgage and inspection and by then, my brothers will be ready to sign.
I told her that it was futile to do that and possibly waste the attorneys’ time and my money, if in fact my brothers decide not to sign and we have to go to court.
A week later my attorney called me to tell me he received papers for me to sign from the buyers attorney and the broker for consent to sell and one for commission fees.
I was very upset that they would go against my wishes and proceed with the selling process.
I thought this was a egregious act on their part.
Is this normal practice by a real estate under these circumstances?

Thanks,
Diane


Answer
Dear Diane;
Unless you have given the express indication that you are able to sell this home, the home should not even be listed.  Most agents will not advertise a home that is not available (an okay from all owners) to sell. The listing agreement should have all signatures from all of the owners on it. Since signing a contract without all owners 'on board' is not enforceable, I really think that it is a waste of time.  The Buyers may be pushing hard from their end and the paperwork was initiated by them.  However, your agent should provide full disclosure on the status of the home and the Sellers.  This could be an exercise in futility!

Best wishes,
Jessica Bryan