Offer Sell Property Without Consent
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FAQ
Short Selling, or Selling Something You Don't Own.
Introduction. The basic rule of law is that you cannot sell what you do not own. That means, of course, that you cannot buy from a non-owner either. There is always a loser when goods are sold by a person who does not have the authority to sell.
All of the co-owners are not required to agree to sell a house in California. Instead, a partition action asks a judge to sign for all co-owners, thereby ensuring that co-owners are not held hostage in a failed co-ownership.
This is why many buyers make offers on their new home that include a sales contingency. With a sales contingency in your offer, you won't have to close on your new home unless you've sold your old home. But a sales contingency could also make it harder to get an offer accepted.
Put a sales contingency in your contract With a sales contingency ? a clause in the sale and purchase agreement you sign once your offer's accepted ? you indicate that the purchase of your new home is contingent upon the sale of your old one.