Can a land contract be renegotiated to remove a co-buyer without consent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a land contract be renegotiated to remove a co-buyer without consent?
Asked on September 15, 2015 under Real Estate Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No, you cannot remove one party to a contract without that party's consent every party to a contract must consent, or agree, to any change in or to it, which means, among other things, that a co-buyer cannot legally be removed without consent. That said, if the co-buyer who was removed doesn't complain about the removal and lets it stand, then his/her consent is moot contracts don't enforce themselves, but instead require an interested party to take legal action to enforce them--so if the co-buyer doesn't complain or take action, then the removal will stand.
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 AttorneyPages.com 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.