Maryland Home Improvement PSI Practice Exam

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Prepare for the Maryland Home Improvement Test. Study using flashcards and multiple-choice questions, each with hints and explanations. Get ready to excel on your exam!

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What action can owners do when two of three tenants in common want to sell but one discourages buyers?

Sell without the third owner's consent.
File an action for partition against the third owner.
File for a lien against the third owner's interest as damages.
Force the third owner to sell by invoking specific performance.

The correct answer is: File an action for partition against the third owner.

The correct choice in this scenario is to file an action for partition against the third owner. When co-owners hold property as tenants in common, each owner has an equal right to their share of the property, which includes the right to sell their interest. However, if one owner is preventing the sale or discouraging potential buyers, the other owners have legal recourse. Filing for partition allows the co-owners to resolve disputes that make it difficult to use or enjoy the property collectively. A partition action can either lead to a physical division of the property (if possible) or a forced sale of the entire property, with the proceeds divided among the owners. This legal process serves as a means to ensure that all owners can exercise their rights to sell their interest in a fair manner while addressing the resistance presented by the third owner. By taking this action, the two willing owners can move forward with the sale while abiding by legal processes that uphold their rights as co-owners, thereby providing a fair resolution to the conflict.