Legal Question in Real Estate Law in New Jersey
House Closing
As part of an estate, 3 other people and I own a 6 family residence. If 2 of the 4 of us decide to sell the house and have entered a contract, which the other 2 had no knowledge of the contract or its specifics, can the house 1) be sold without the consent or signatures of all 4 and 2)can the house be closed (8/15/99) without the signature of all the owners. 2 out of 4 owners had no knowledge of the closing or the date and were not notified. What is the legal obligation of all parties that own the house to be sold? Don't they all have to sign the contracts before the house is closed? Our attorney is no help because we can never get him by phone or visit. I am one of the people who had no knowledge of the contract or the closing.
Thank you.
1 Answer from Attorneys
Re: House Closing
If the house is still in the name of the person who died, the representative of the Estate (administrator or executor) could sell it without the consent or knowledge of the others. This does not mean, however, that he or she would not be required to account to you or to respond in some way if they are doing something that is not permitted in accordance with the will. If the house is in your individual names, it could not legally be sold without your consent. In any case, I would suggest that you immediately consult with an attorney to protect your rights. If you want to speak with me, feel free to call me at 609-546-8010. Good Luck!
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