Home Selling in 53714>Question Details

elle, Home Seller in Madison, WI

Another person and I bought a house 10 years ago and now I want to sell. Can I put it on the market without their approval?

Asked by elle, Madison, WI Mon Feb 25, 2013

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8
No you cannot. Since both of your names are on the title both of you will have to sign off on the sale of the home. While you may find an agent willing to list it on only of your way so--the title company will not let it close without 2 signatures.
0 votes Thank Flag Link Mon Dec 22, 2014
No.

That's the practical answer - you can't market it if you can't sell it, and you can't sell it if you don't have your partner's approval.

Yes, technically, you can find a broker who doesn't care that only one party seems to want to sell, and you might get a full-price-and-terms offer and owe a brokerage fee . . . real world answer: get their approval or sit tight.

All the best,
0 votes Thank Flag Link Mon Feb 25, 2013
You may list the home without the other persons approval, however you will be the one responsible for paying the Real Estate Commissions. If both of you are on the deed, you may want to have the other person agree to deed it over to you. I would suggest contacting a Real Estate Attorney, their advise is going to be the most accurate and legal. I have several that I would recommend. The attorney that you select should specialize in Real Estate transactionsand be up-to-date with the rules and laws governing real estate as much has changed in the last 6 years. I wish you good luck. Please let me know if I can be of further assistance. Judy Braund, Keller Williams, Madison, WI 608-235-0431
0 votes Thank Flag Link Mon Feb 25, 2013
Best if there is a way to get the other party to agree to the sale of the home on the front end, rather than trying to force their hand since they will have to ultimately agree to the sale in order for it to go through.

Without knowing all the details it is hard to come up with options. An attorney could help you resolve it...hopefully amicably.

Good luck!

Susan Oshman, Broker Associate
Keller Williams Realty
Madison WI
608.206.1440
http://www.madisonsalternativerealtors.com
0 votes Thank Flag Link Mon Feb 25, 2013
You need to resolve your title issue. I recommend you call a GOOD real estate attorney before proceeding. I'll be glad to refer you to a couple of them
0 votes Thank Flag Link Mon Feb 25, 2013
Alex's answer, while correct, is confusing i am sure.

Is there both your name and the other person's name on the deed? If the answer is yes the only way it will sell is if you both sign an offer to purchase. You, alone, will not be able to sell it with just your signature.
0 votes Thank Flag Link Mon Feb 25, 2013
Alex is absolutely correct. Is the other person willing to sell? It would be best to have both sign the listing so that everyone is on the same page. I have worked with this situation many times where the parties were no longer on speaking terms and we have gotten the property sold.
Let me know if you would like more options at rmoen@remax.net or call me at 920-988-0588
0 votes Thank Flag Link Mon Feb 25, 2013
Yes, you could sign a listing contract. The short story is you would be obligated to pay the listing broker if they earned their compensation under the terms of the agreement. However, if another party also has title in the property, they would need to sign the sales contract (Offer) and closing documents.
0 votes Thank Flag Link Mon Feb 25, 2013
Thank you Alex! That was very helpful.
Flag Mon Feb 25, 2013
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