I don’t think the seller is obligated to clear title. But the seller won’t be able to **SELL** till the title is clear.
I’ve learned this the hard way – extended family jointly owns a dilapidated vacation property in another state than where most of them live. It was never transferred out of their parents name in probate – so it’s titled in the name of a woman who’s been dead almost 40 years. The folks involved are either dead (3 of the 5) or ready to die (the remaining 2. 2 of the dead folks had wills that addressed the share – the 3rd died intestate and the various parties that would inherit refuse to sign anything.
They’ve gone into escrow twice – but can’t get clear title to sell it. Probates are being held up, folks in their 80’s and 90’s are squabling about it. Cousins are taking their parents sides… It’s a mess.
