Legal Question in Real Estate Law in New York

Partition Action

I am an owner of a large parcel of land along with several others. A partition action has been filed and the judge is close to a decision that the property must be sold. Since it is my understanding that the ruling could only be for sale by auction, is there anyway to get a large parcel of land into MLS listing without the signatures of all owners? It has been strongly suggested by the courts, attorneys, etc. that we try to market the property ASAP but there are those owners who do not want the sale and will not sign to have the property marketed.


Asked on 10/02/08, 4:31 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Partition Action

You are better off waiting for a decision. If the decision directs auction, then the other owners will either agree to sell using a broker (for a higher number)or will face an auction for a lower number. Normally an individual will want to sell property for the highest number possible.

By the way, you may lose and the argument would be moot.

Mike.

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Answered on 10/02/08, 4:41 pm


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