Real Estate Law
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You can force the sale of this property without his consent. When there are co-owners of property and one or more want to sell (Group A) and one or more do not want to sell (Group B), if Group B won't either agree to sell or purchase the interests of Group A at a price agreeable to Group A, then Group A can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court will order the house sold. The reality is that in most cases, once Group B finds out the certainty of the result of a suit for partition, those in Group B typically agree to the sale without the suit to avoid the costs of the suit.
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Thanks for following up. Yes, he can be held responsible for your damages due to his intentional bad faith. At this point, I would give him a 30 day written notice to terminate. And, then if he doesn't vacate, I would give him a 3-Day Notice to Quit and then file for an eviction order and damages due to his default. I would let him know if forced to do so, you will be seeking not only your actual damages, but also punitive damages due to his intentional bad faith.
Did this brother sign the contract agreeing to the sale?
If he never signed anything, it will be difficult to force his hand on this. But, you do have the leverage of all the other issues. So, I would let him know in no uncertain terms that if he doesn't sign the documents to allow closing, you will be pursing him for everything he owes to date, and punitive damages for his intentional bad faith in obstructing a sale.