Can a joint tenant refuse a buyout and force a sale?
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Can a joint tenant refuse a buyout and force a sale?
My husband and I own a duplex with another couple in Los Angeles, CA. They want to sell and we do not.
They found an agent that listed the home without our signatures or any consent. We did not sign a listing
agreement. Is this legal? Yesterday, the agent contacted us to tell us there was an offer but he refused to say how much the offer was for. We have made it clear we do not want to sell. About 6 weeks ago, we paid an appraiser and offered to buy them out. They refused and stated that they would prefer to sell to a stranger. We have tried to negotiate. Our home is still on the market even though we have written and called the broker and the agent and asked them to remove the listing and explained that we are able and willing to buy them
out. Can they refuse a buyout and force us to sell without going to court?
Asked on October 15, 2019 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) Yes, they can refuse a buyout unless you had a written contract stating that they had to accept one. In the absence of a contract, no one needs to accept an offer to buy them out or sell their interest.
2) They can't force yo. to sell without going to court and getting a court order requiring you to sell
3) They can, however go to court in an action (lawsuit) "for partition" and get a court order requiring the sale.
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