My home has a signed P&S. The other joint owner who does not occupy the house, is now threatening to not sign at closing. Can they do that?

Asked by debbird673, 01960 Sun Sep 22, 2013

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Territory.com’s answer
Territory.c…, Agent, MA,
Tue Oct 1, 2013
Talk to your attorney. They certainly can do anything however seems you probably have good legal recourse if they actually follow through. Unfortunately that may mean time and money spent taking that joint owner to court.

Good luck!

Territory Real Estate
Massachusetts #1 Brokerage for Home Buyer's
617 848 5407 ext704
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0 votes
Paul Stonkus, Agent, Lynn, MA
Sun Sep 22, 2013
consult a lawyer, consult a lawyer, consult a lawyer, (sorry, trulia requires at least 25 characters in an answer)
2 votes
Aja Rea, Home Buyer, Peabody, MA
Fri Nov 14, 2014
Of course consult an attorney! I had a client in a divorce situation, selling their home and the husband refused show up at the closing. The buyers sued both of them for breech of contract. a week or so later the deal went through, the sellers had to pay some damages. Scare him, if he signed the P&S he is obligated and ripe for a suit. Unfortunately you might be included.
0 votes
Anthony Piem…, Agent, Boston, MA
Tue Sep 24, 2013
Yikes! Like Christine called it ...Nightmare, I would call your real estate attorney get him/her on asap!

I hope all goes well!
0 votes
Christine Mo…, Agent, Wilbraham, MA
Tue Sep 24, 2013
Sounds like a divorce situation. They buyers would get their deposit back and can go after damages incurred by the breach of contract.

I hope everything closes... that it a nightmare.
0 votes
Heath Coker, Agent, Falmouth, MA
Mon Sep 23, 2013
Hi Deb,

You are asking a legal question on a non-legal site.

I suggest that you ask your attorney, possibly review any written docs that the joint owners have already signed, and have an attorney explain the problem(s) the joint owners will have - both together and as individuals - if they don't fulfill their agreed obligations in the P & S.

I would use a local legal professional to save time and money.

(Please note: when you choose an answer as a Best Answer, or at least give a thumbs up, it helps those who answer questions here.)
0 votes
Wen Farina, Agent, Reading, MA
Mon Sep 23, 2013
Typically all owners of a property have to be in agreement in order to sell but this is definitely a question for your attorney.
Web Reference:  http://homesalesinmass.com
0 votes
David Cutler, Agent, Peabody, MA
Sun Sep 22, 2013
Is there a specific reason they are refusing to sign? Do they disagree or not understand some of the language? Is it a standard form P&S or did an attorney draft it? Of course you should be advised to seek the help of an attorney but often when there are disputes or disagreements between owners of a property you just need to think more like a psychiatrist rather than an attorney. If there is something simple that can be done to get your other owner to be more on board with the transaction try to make it happen in an effort to move things along. Please don't hesitate to contact me directly to discuss further or if I can be of help in any way. I am also located in Peabody.

---
David Cutler
http://www.BuyWithDavid.com
davecutler@gmail.com
(978) 869-8042 direct
(800) 895-1793 fax

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0 votes
Sounds like you will need the court to enforce their ruling. I dont think this is the best forum to find answers to your problem. Do you have a contact at the court or an attorney that has been helping you?
Flag Mon Sep 23, 2013
The issue is that I have a full restraining order against the other owner and he is trying to bully me into allowing him to come into the home though a third party, which is a violation of the restraining order alone. Also there is a court order that the house be sold so he would also be in contempt of that court order.
Flag Sun Sep 22, 2013
Laura Feghali, Agent, Stamford, CT
Sun Sep 22, 2013
Hi debbird673,
Yes, a co-owner could refuse to sign the closing documents thus cancelling the sale but there might be monetary ramifications on his part for doing so.
As the others have stated; it's best to contact an attorney to have him try to resolve the issue.

Best wishes!

Laura Feghali
Prudential Connecticut Realty
An Affiliate of Berkshire Hathaway HomeServices of New England
0 votes
The issue is that I have a full restraining order against the other owner and he is trying to bully me into allowing him to come into the home though a third party, which is a violation of the restraining order alone. Also there is a court order that the house be sold so he would also be in contempt of that court order.
Flag Sun Sep 22, 2013
Stephanie Wa…, Agent, Danvers, MA
Sun Sep 22, 2013
It is beyond my realm, however, I would contact an attorney for the appropriate answer.
0 votes
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