Can My property be listed for sale without my consent?

Question

I own 1/3 of a vineyard in napa valley. No home is on the land. My mother and sister own the other 2/3. I discover it listed for sale by accident one day on the internet. I am against the sale of this land and was never asked about selling it for it to be listed. I instantly e mailed the agent who had it listed telling her who I was and to take it off the listing NOW!!! She soon found out what I said was true. My question here is. When you contact a agent to sell your property isnt there some kind of a contract that has to be signed by all owners of the property to do so? I think My sister and Mother might of forged my signature. The property is in the process of being sold to a buyer now. I have been contacted by the title/escrow company, but I have refused to sign anything untill I get some answers.

I know the property can not be actually sold without my signature too. It can not be sold in sections either. I want to know if a real estate agent can list it for sale without all of the owners consent!

Answer 1

The property cannot be sold without your consent, unless it is by a court ordering the partition of the property. When more than one person owns a piece of property and the others wish to sell, they can petition the court to partition the property. If the court grants the request, the property is sold and the profits divided among the owners.

Answer 2

do not sign anything from the title/escrow company, at least they contacted you about signing off on the property versus some one forging your signature

Since the title company has notice you are on the title until you signed off or there is a court order the title company can not produce clear title for closing and the sale will not go ahead, unless the buyer is willing to buy the 2/3 share of the property

then force you to either buyer the 2/3 or sale your 1/3


I believe they can sell their 2/3 interest in property no matter how it is set up joint tenants or tenants in common, that does not mean then the property is dived in to 1/3, each party has a right to enjoy the whole property , but you can not stop the other two from selling their interest in the property, now most buyers do not want to buy into 2/3 1/3 interest since you have to deal with 1/3 but they can sell their part

as toward the re agent unless your mother/sister informed the re agent you where on the deed, the re agent is under no duty to look up the deed before listing, the re agent can go on the word of your mother/sister

Answer 3

No they can not list nor sale a property if the actually owner has not agreed and signed a contract and/or a purchase agreement. I would strongly urge you to contact a real estate attorney.

Answer 4

Are you sure that your part of the land is for sale. Maybe they just put their part up for sale. I don't know about CA but they own the major portion of the land how does that work. Other the other hand if it's a good offer I would take it.