Jan252026
Real Estate Q&A Series

What happens if the other party delays or refuses to put the property on the market after agreeing to do so? – North Carolina

Short Answer

In North Carolina, a private agreement to list and sell a jointly owned property is only as strong as the enforcement options built into it. If one owner delays or refuses to cooperate, the usual solutions are (1) enforcing the agreement in court (often through a motion to enforce a settlement or a lawsuit for breach of contract/specific performance) or (2) filing a partition action so the court can appoint a commissioner to sell the property even without voluntary cooperation. Which path fits depends on what was agreed to, whether it was put in writing, and whether there is already a court case where the agreement can be enforced.

Understanding the Problem

In North Carolina real estate disputes between co-owners, the key question is what happens when two (or more) owners agree that the property must be listed for sale, but one owner later stalls, refuses to sign listing paperwork, blocks showings, or otherwise prevents the property from being put on the market. The decision point is whether the agreement can be enforced directly (because it is a binding written deal or part of a court case) or whether the practical remedy is to ask the court to order a sale through a partition proceeding.

Apply the Law

North Carolina generally allows co-owners to resolve a sale by agreement, but if cooperation breaks down, the court system provides a structured way to force a sale of jointly owned real property through a partition case. In a partition sale, the court can authorize a neutral “commissioner” to handle the sale process under court supervision, which reduces the ability of a single co-owner to stop the sale by refusing to act. Partition cases are typically handled through the Clerk of Superior Court (with some issues potentially heard by a judge, depending on what is disputed).

Key Requirements

  • A binding obligation to sell exists: The starting point is proving there was a real, enforceable agreement to list/sell (often a written agreement, a signed settlement, or an order entered in an existing case).
  • Noncooperation is material: The delay or refusal must actually prevent or materially interfere with listing, marketing, showings, contract signing, closing, or other necessary steps.
  • A court remedy fits the situation: Depending on posture, the remedy may be enforcement of the agreement (including an order compelling cooperation) or a partition action where the court appoints a commissioner and sets sale terms.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an agreement to put property on the market, followed by delay or refusal. If the agreement is written and clearly requires listing by a certain time (or includes clear steps like selecting a broker, setting a list price, and signing listing documents), a court can often order the noncooperative party to comply and may set deadlines. If the agreement is vague, informal, or hard to enforce, a partition action can shift control of the sale process to a court-appointed commissioner so the sale can move forward even if one owner refuses to cooperate.

Process & Timing

  1. Who files: The co-owner who wants the sale to happen. Where: Typically the Clerk of Superior Court in the county where the property is located. What: Either (a) a motion to enforce an existing settlement/order in the pending case (if there is one), or (b) a partition petition requesting partition by sale if voluntary sale is not happening. When: As soon as it becomes clear the agreed listing/sale is not moving forward; waiting can increase carrying costs and create evidence disputes.
  2. Early court steps: The court addresses ownership interests and whether the property should be physically divided or sold. If a sale is ordered, the court can appoint a commissioner and enter an order describing the sale process and terms (including the authority to sell and key conditions).
  3. Sale and closing steps: The commissioner markets the property and conducts the sale under the court’s order and required procedures, then reports back to the court for confirmation/approval steps as required. After confirmation and closing, the net proceeds are distributed through the case (including adjustments the court allows, such as certain costs tied to the property, depending on the issues raised).

Exceptions & Pitfalls

  • Unclear agreements: A handshake deal like “we’ll sell soon” can be difficult to enforce because it may not spell out the list price, broker selection, timing, repairs, or who signs what. Clear written terms make enforcement much easier.
  • One owner tries to control the listing: Disputes often arise over price reductions, repairs, access for showings, and accepting offers. A partition sale can reduce these fights because the commissioner sells under court authority.
  • Access and occupancy problems: If a co-owner lives at the property and blocks showings or inspections, the sale can stall. In many cases, the practical fix is a court order setting access rules or moving the sale into a commissioner-managed process. (For a deeper discussion, see refuses to cooperate with listing or showings.)
  • Waiting too long: Delay can create disputes about expenses, property condition, and whether someone acted in bad faith. Prompt action also helps preserve evidence (texts/emails, draft listing agreements, broker communications).

Conclusion

In North Carolina, when a co-owner agrees to list and sell a property but later delays or refuses to put it on the market, the usual remedies are to enforce the agreement in court or to file a partition action so the court can order a sale and appoint a commissioner to carry it out. The practical turning point is whether there is a clear, enforceable written deal and whether a firm listing or closing deadline has already been missed. The next step is to file the appropriate enforcement motion or partition petition with the Clerk of Superior Court in the county where the property is located as soon as the delay becomes clear.

Talk to a Real Estate Attorney

If a co-owner agreed to list the property but is now delaying, refusing to sign paperwork, or blocking the sale process, our firm has experienced attorneys who can help clarify enforcement options and timelines under North Carolina law. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.