Legal Question in Real Estate Law in Massachusetts

My name is on the deed of the house I'm living in with my father. He has the house for sale. What are my rights with the realtor? Do they need a signature from me to even show and / or sell the property? I have been living in the house for the past 16 years. The realtor has told me that they only need a signature when they have an offer on the property. Do I have a say in what the realtor can do or not do legally?


Asked on 6/01/15, 3:08 pm

3 Answers from Attorneys

You have the same rights as your father. If you are going to refuse to sell, your father can force a sale by seeking a sale by filing a Petition to Partition. ( I assume you are over 18 years old) The realtor will need your agreement to sell the property. The truth is that the realtor made an error in not having you sign the listing agreement and he/she should have all the owners sign a listing agreement. You have the right to know how the property is being marketed and any other questions you might have, You have all the same rights as your father assuming your are an adult and independent (meaning not subject to a guardianship).

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Answered on 6/01/15, 3:24 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

You do not say if your father's name is on the deed. If it then the previous answer applied. The realtor is wrong. Any signatures are needed when you sign up with the realtor to list the property, assuming you listed it,

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Answered on 6/01/15, 7:12 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

The realtor is wrong and you need an attorney. The sooner both parties understand their rights the sooner they can make the best possible decision about what to do next. The broker is acting unethically and shortsightedly. Maybe the broker will be able to food the buyers on the acceptance of their offer, but when it comes time for the purchase and sale, all owners are going to need to sign. Assuming that you and your father are on the deed to the house, any deed signed by your father to these buyers would not convey good title and, as a practical matter, they will be dead in the water without your cooperation. There are a number of things to consider here, and I recommend having an attorney.

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Answered on 6/02/15, 5:21 am


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