Legal Question in Real Estate Law in North Carolina

real estate

6 of us want to see our property, the 7th one does not and wants to buy the property for himeself. Problem is that 5 of them live out of town. Can 1 person sign for the other 5 missing with their consent?


Asked on 5/12/09, 4:51 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: real estate

If the property is located in North Carolina, then you need to speak with, or post this to attorneys in North Carolina, as the issues of ownership, partition and resolution of the problem will be governed by NC law, and as I am not licensed there, I cannot advise you.

If the property is located in California, depending upon the vesting, the property is most likely held by the seven of you as tenants in common. In that case, any one of the seven can file an action to "partition" the property - in effect sell it and split the proceeds. Since six of the seven want to sell, and the seventh wants to buy, why don't the six agree to sell to number seven, have it appraised by two or three appraisers (perhaps one selected by the buyer, two by the six selling owners) and average the three appraisals? No, without a power of attorney or other legal instrument giving one of the parties power to sign for the others, all must sign to sell it. It seems to me that the simplest solution is to sell to number 7.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/12/09, 5:10 pm


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