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Question
My husband and his "partner" own a single family home together ( they were going to renovate etc. but had falling out). I am a Realtor and my husband asked me to put house on market which I have done. We also were the ones to find a person to lease property as the partner hadn;t contacted us for over 4 months and house was vacant (partner was the one handling bills etc. and we knew how important it was to get someone in to help with the mortgage payments). My husband is not on the mortgage but he is on the Deed and the Schedule of Beneficiaries and knows that he is ethically/morally responsible for 1/2 of the Mtg. (There is no note between the partners). I have been e-mailing partner & wife to let them know that we have someone that wants to put in an offer and that I have 11 other parties that would like to view the property. No response. Today he called my husband and said he is going to a lawyer to stop me from e-mailing and to get me off as RE Broker. What are our rights?
Submitted: 289 days and 23 hours ago.
Category: Real Estate Law
Value: $15
Status: CLOSED
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Stoneham, Massachusetts
Already Tried:
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Posted by
INFOLAWYER
289 days and 23 hours ago.
Answer
I am afraid he is right. As a 50% holder your husband cannot sell without his consent. He needs to either buy out his share, sell his share or bring an action in court to force the sale by partition sale.
289 days and 23 hours ago.
Reply
The partner wants to sell also and knew that I had on the market, but now doesn't want me to be the broker handling sale and making 4% ..I will even split commission with him, I don't care about making $$ on this sale, just want to be rid of house(this came about all of a sudden for partner as my signs have been on property for 3 months now). Partner, however has not done anything remotely positive with regard to moving ahead. My husband was also the person to maintain the property etc. I also have a potential offer but partner refusing to cooperate because I am the broker. In these economic times, it is a miracle that I found a buyer for this house as it needs quite a bit of work. (Let's just say that my husband and his partner bought to demolish and rebuild condos) He is denying us the sale of the house in this case. What recourse do we have as he is being totally unreasonable.
If I have a valid Offer to Purchase to present to partner isn't he
289 days and 23 hours ago.
Reply
The partner wants to sell also and knew that I had on the market, but now doesnt want me to be the broker handling sale and making 4% ..I will even split commission with him, I don't care about making $$ on this sale, just want to be rid of house(this came about all of a sudden for partner as my signs have been on property for 3 months now). Partner, however has not done anything remotely positive with regard to moving ahead. My husband was also the person to maintain the property etc. I also have a potential offer but partner refusing to cooperate because I am the broker. In these economic times, it is a miracle that I found a buyer for this house as it needs quite a bit of work. (Let's just say that my husband and his partner bought to demolish and rebuild condos) He is denying us the sale of the house in this case. What recourse do we have as he is being totally unreasonable. If I have a valid Offer to Purchase to present to partner isn't he
289 days and 22 hours ago.
Reply
Please answer reply
Posted by
INFOLAWYER
289 days and 16 hours ago.
Answer
You need to try all sit down and try to negotiate it so everyone is happy. Going to court to force a sale will only cost everyone time and legal fees.
288 days and 21 hours ago.
Reply
I have an Offer to Purchase for $350,000 (asking price is 370,000)
the partner is ignoring my every attempt to make this work for all involved. Does this mean my husband must hire a Lawyer (expense) and handle this through the Courts or is there an alternative option since the partner wants to sell and has been aware of the property being marketed. Now he feels that because I am the wife of his partner (and they have had a parting of the ways) that I should not be entitled to a commission for selling the property. Even though I basically have this house sold for them, he now wants to pull the Listing from me and give to another Broker and start all over again.
This makes no sense to me. I have been diligent and professional in my efforts to sell this property.
Accepted Answer
If the partner is not being reasonable, involving a lawyer to first try to mediate a settlement and a plan of action among the partners and if necessary turn to the courts would be prudent. I realize you want to avoid the legal cost but absent a breakthrough in discussions with him, a lawyer would be helpful.
Expert:
INFOLAWYER
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Answered:
2/7/2009
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