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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36247
Experience:  16 years real estate, Realtor. Landlord 26 years
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My husband has signed the real estate form to sell our

Customer Question

My husband has signed the real estate form to sell our house. He is a drug addict and what are the liabilities if he backs out later and refuses to sell?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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what are the liabilities if he backs out later and refuses to sell?

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The buyer could sue for breach of contract for "specific performance" which is where a judge orders the sale to go through and the sellers to sign off on the deed under threat of contempt of court and up to 6 months in jail at a time for a refusal.

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But if this is just a listing contract with a realtor, and not a purchase contract with a buyer, then he cant' be forced to sign the purchase contract without a court order.

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If he refused, then you would have to file a "partition lawsuit" against him and have a judge issue an order that the house was to be sold, even over his objection.

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thanks

Barrister

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