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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10049
Experience:  Just Answer consultant at Self employed
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My nephew and i entered into a written contract stating I

Customer Question

My nephew and i entered into a written contract stating I would trade him my 1/3 interest in our duplex for his 2/3 interest of my late mother"s condo including an additional (about) $20,000 my nephew owed me....due at the close of escrow upon selling the condo (July2015)......which he never paid and never will. So I did not sign over my 1/3 interestof the duplex. My nephew doesn't have consistent employment because he cant drive because of too many dui's.
My question is: After the statute of limitations, can my sister (also 1/3 owner) and I leagally sell the duplex, even if my nephew doesn't want to.
Submitted: 10 months ago.
Category: Legal
Expert:  legalgems replied 10 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 10 months ago.

What state is this in regards ***** *****? Has any of the deeds for either property been transferred per the terms of the contract? It appears from the question that the condo was transferred, but not the duplex. Would that be correct?

Expert:  legalgems replied 10 months ago.

Did you still need assistance on the above?

Customer: replied 10 months ago.
only the condo ...California
Expert:  legalgems replied 10 months ago.

If the contract was partially performed (ie the condo was transferred, but the duplex was not, and the $20,000 was not transferred) then the party in breach can be sued for breach of contract. It is considered a partial breach if only part of the contract was complied with.

If the duplex is sold, the nephew can actually file a lawsuit requesting that the court stop the sale, in which case a lis pendens will be filed in the recorder's office, which gives notice that the property is the subject of a lawsuit. This will scare away most buyers and, if it doesn't, it certainly will deter most lenders from making a loan for that property.

The proper step would be to sue for the outstanding money, and /or to offer, and then sue, for a partition lawsuit; this is where the court will determine the parties' respective interest in the property, and allow the property to be sold, determining how the proceeds will be split based on ownership interest (ie ownership based on deed, and based on the written contract, to the extent it was performed).

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.