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

UPDATED: May 13, 2019

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 13, 2019Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption