Legal Question in Real Estate Law in North Carolina

Petition lawsuit

My sister and I were willed a house in North Carolina and it has been on the market for a year and a half. My sister refuses to budge on the price even though the real estate agent has told her it is priced way to high. I wanted to get some information on Petition lawsuit. Does it have to be on the market a certain lenght of time? What is the cost involved to persue this. My sister is not on speaking terms with me and our contract with this agent is up soon. How do the courts determine the price that the house will sell for? etc. Thanks!


Asked on 5/08/03, 8:37 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Petition lawsuit

Your sister is foolish and shortsighted. If your sister genuinely believes that the home is worth the asking price that apparently nobody is willing to pay, then make her the following offer: tell her to buy you out now for half of the asking price --- that upon your receipt of the money representing half the asking price that you will sign a release and assignment of your portion of the sale proceeds of the home to your sister. Of course, if your sister has more than 2 brain cells, she will not agree to this, but perhaps it will make her realize that the home is overpriced for the market and that she needs to follow the realtor's advice and lower the price so the home can sell. Otherwise, you will continue to incur real property taxes, homeowner's insurance premiums and other expenses associated with owning and maintaining the home, which will only eat up any additional money your sister believes can be made by stubbornly holding on to the unrealistic asking price. Both of you should meet with a real estate attorney who can serve as a mediator to help find a mutually acceptable resolution. There may be other legal options available, but without meeting with you, learning all the facts, and reviewing documents relating to the pertinent issues, I would be unable to provide you with any meaningful guidance on such options. Good luck.

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Answered on 5/08/03, 11:52 pm


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