Sibling signed RPA but won’t leave home so buyer can repair?

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Sibling signed RPA but won’t leave home so buyer can repair?

Myself and my 2 siblings are selling a home that we inherited; we are all now on the title. However 1 sibling has been

Asked on May 13, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

He can't legally keep workers out: if he tries to, you can go to country court and get a court order requiring him to let them in. You would be best advisted to retain an attorney (e.g. a landlord-tenant attorney) to help you do this. You and the other siblings are also both owners and have the right to make repairs, improvements, etc.
You can't remove him however, since he is on the title: he is still an owner until closing, and owners cannot be forced out of their property. After closing, the buyer can bring a legal action to remove him.


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