Can my relatives list land that I co-own with them without my consent?

I own land with 4 other relatives that my grandmother originally left in 5 equal parts to her 5 children. I have consented to listing this property several times before as one of my relatives has relisted over and over, each time reducing the price, to no avail. This year I heard nothing and found the land listed 3 months after our last listing expired at a new reduced price. I was never called or contacted in any way this year. In the past I have pointed out that repeated price changes have not resulted in a sale but a new broker might. They have changed brokers once; the original broker was in his 80’s when they originally listed it with him and he died during his last listing with us at 92. Only then did they take my advice and list with a larger commercial land firm. I want the land to sell obviously at any price but legally don’t I have to be consulted on repeated listing and especially price changes?

Asked on November 8, 2018 under Real Estate Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First of all, no matter who did or did not sign the listing agreement, the property cannot be transferred without your signature. All owners must sign a deed of conveyance. As for the listing agreement itself, all parties must sign since as a general rule it is a violation of MLS not to do so. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can call the listing agent.  You as an owner have the same rights as the other owners.  You should have been consulted but even if you were not, they should have advised the listing agent and that agent should have contacted you to sign the agreement.  The property can not be transferred without your signature either.  Good luck.

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