Legal Question in Real Estate Law in Washington
I am in an LLC and we own a property for investment. My partner and I decided to sell the property. We hired a real estate agent. without my knowledge my partner signed and accepted a very low offer on the home. The rel estate agent tells me I didn't need to sign the purchase and sale agreement. How can this be? How can I not have been given consideration of the offer and my signature required on the PSA? The offer is way too low and I would have never accepted/agreed to it had I been given the opportunity to see it. Can I stop the sale?
1 Answer from Attorneys
Depending on your LLC's by-laws, I think yes, your partner, if they are a representative of the LLC, can sign the PSA. That said, your more likely course of action is to sue your partner to recoup a larger share of the net proceeds. You may be able to get up to the value of the listing price. So, if you listed the property at $500,000 and owed $400,000, theoretically, you would have made $50,000 each, gross. If your partner accepted an offer of $450,000, thereby costing you $25,000 gross, then that is the max you can obtain in court.
Again, depending on what your corporate by-laws say, you may have other relief available to you, or can get your attorney fees covered, but all that needs to be assessed by an attorney looking at the corporate by-laws, the PSA, and any communications in writing between you, your partner, and the real estate agent.
At the end of the day, it will come down to numbers. How much is at stake? What are the likely litigation costs? From there, you can determine what is right for you to do.
I do not think you can stop the sale, since the buyer will want it to go through�after all, they are happy with the price they got! I think if you try to enjoin the sale, you will lose, and may be liable for the buyer's costs to enforce the contract.
Your best bet is to hire counsel to assess the situation for you. You may have to pay for a couple hours of work to do so, but it may save you a lot more down the road. Also, you may want to consider dissolving your LLC or buying your partner out or selling out your share, since it appears you guys are having severe problems working together.