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Richard
Richard, Attorney
Category: Estate Law
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Experience:  29 years of experience practicing law, including tax and estate planning.
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If I am on the deed to the home how could my mother even have

Customer Question

If I am on the deed to the home how could my mother even have entered into a contract to sell it? Can I refuse to sign? Would there be any legal repurcussions to her or myself? It seems to me that her real estate broker didn't do his due diligence by having me sign the contract to sell in the first place.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Hi there and thanks so much for requesting me! The property cannot be sold without your signature. If your mother entered into a contract to sell the property without your signature, and she did not reference in the contract that a condition precedent is that that she would need to get your consent to sell the property, then if you don't agree to sell, she is going to be in default and subject to liability for the buyer's damages. But, the buyer is not going to be able to force the sale of the house because the buyer cannot force you to sell because you were not part of the contract. The broker would have culpability as well because the broker should have checked title to determine whether or not your mother was the sole owner.



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Customer: replied 1 year ago.

Do you know what the extent of the damages could be? A months rent ? Punitive damages? (Are we talking a thousand dollars or thousands of dollars?) And would she then have to hire an attorney?

Expert:  Richard replied 1 year ago.
The damages are likely to be the costs incurred by the buyer....such as inspections, loan application fees, plus appraisals, if any. Other than that, there would not likely be damages. She would only need an attorney if sued; what would be more likely to happen is she'll get a demand letter for the buyer's damages and then she should just pay the damages if the contract doesn't give her an "out" in the event she can't get both of you to agree to sell. A court would not award punitive damages in a case like this.
Richard, Attorney
Category: Estate Law
Satisfied Customers: 46879
Experience: 29 years of experience practicing law, including tax and estate planning.
Richard and 3 other Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thanks again for the positive rating! It's very much appreciated!

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Richard
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