Messy Title in a Gen Partnershp - Posted by JT from SD

Posted by Ed Copp (OH) on November 12, 2000 at 15:10:37:

I seriously doubt that the partners can vote anybody out of anything in this case. It sounds to me like the partnership does not exist, even though you would like it to. An example is if I tell you that I am a doctor, it does not make me a doctor (even if you want me to do surgery).

I would suggest talking to a real lawyer as soon as possible.

If I was the person who has his name on the deed I would not sign anything without a court order forcing me to do that. Since your partnership apparently does not exist it will be difficult to get a judge to take your side…Good luck.

Messy Title in a Gen Partnershp - Posted by JT from SD

Posted by JT from SD on November 12, 2000 at 10:44:33:

My peers,
Lack of Experience has made it necessary to seek your guidance and counsel.

Here is the scenario. I am involved in a General Partnership involving real estate that was not recorded correctly with the County Assessor or had a Certificate filed with the State. The Managing Partner was the one who set or rather incorrecty set up our organization.
As a result, his name is listed on the Grant Deed DBA under the name of the partnership. But our partnership does not have any record of its existence at the State. It looks like the Managing Partner’s signature is the only one needed to conduct any business in reference to our real estate.
We have our own by-laws governing our partnership. Our partnership was published in a local newspaper so there is a public record of our existence.
What we want is to vote him out as Managing Partner and have him sign over the quit claim deed back to a new managing partner within the group. The by-laws we have are specific and how to remove the Managing Partner, a 67% vote is mandatory. We will have it…
My QUESTION is… CAN HE REFUSE TO SIGN THE QUITCLAIM DEED deeding back to the group? If so, What is my recourse?
A quick reply would be appreciated.
Thanks in advance. :slight_smile:

Re: Messy Title in a Gen Partnershp - Posted by JD

Posted by JD on November 12, 2000 at 22:55:31:

If you have something in writing, I doubt that he can legally refuse to comply with the agreement. Your recorse would be to take legal action against him if he refuses. If you are concerned about him selling the property for his own gain, I would record a memoradum referencing him, the partnership, and the legal description of the property and/or record the partnership agreement.