Can a land contract be renegotiated to remove a co-buyer without consent?

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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 6 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.


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