Legal Question in Real Estate Law in California
Partition/Sale of property
My 3 sisters and I have a partition action pending, however, we have signed an acceptance of an offer on March 5, 2008. We are supposed to close escrow on April 21, 2008 and one of my sisters is refusing to sign the escrow papers because she wants the case dropped. It will be dropped when the demand and withdrawal of lis pendis is signed. If she doesn't sign escrow, what is our liability regarding the contract she signed with the buyer as well as the commissions for the realtor?
Would it be a good idea to drop the case before the final papers are signed?
3 Answers from Attorneys
Re: Partition/Sale of property
What does your attorney think?
I assume the pending sale is outside the partition action, i.e., the court did not order and is not supervising this sale. If so, I would also assume that documents necessary to terminate the lawsuit have been placed in escrow, since the buyer will not get marketable record title unless the suit is dismissed and the lis pendens withdrawn as a part of the closing.
I would not withdraw the lis pendens nor request dismissal of the suit except as a part of the close of escrow, but circumstances differ and in an unusual case I might advise differently. Keep in mind that dismissing the suit removes your traction to get a sale done.
Again, you need to rely on the advice of your own lawyer, and keep in mind that a lis pendens can be withdrawn only by the attorney who recorded it in the first place, or by court order.
Re: Partition/Sale of property
No. It would not be a good idea. It would be a good idea to bring the matter to the judge in the partition action and ask for a court order to handle the immediate problem. When the proceeds from sale are properly divided the case will be over.
Don't you have a lawyer representing you in the partition action?
Re: Partition/Sale of property
No. It would not be a good idea. It would be a good idea to bring the matter to the judge in the partition action and ask for a court order to handle the immediate problem. When the proceeds from sale are properly divided the case will be over.
Don't you have a lawyer representing you in the partition action?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
