5 year old Quit Claim Deed

I would need to review the Agreement and the circumstances surrounding the execution of the Agreement to tell you if it was legally binding. Generally, a Separation Agreement is legally binding if both parties were aware of what they were signing.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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About 5 years ago, a friend of mine divorced from her husband. He had an attorney and got her to sign a seperation agreement that gave her the house, but he had right of first refusal to buy it hsould she ever decide to sell it. It states he can purchase it for the amount owed at the time of seperation. I know, she never should have agreed to this, but she did. At the time, he signed a quit Claim deed and she refinanced the house in her name. Now, 5 years later she wants to sell the home. She gave him a letter to sign months ago declining to excercise his right to purchase the home, but he has failed to sign it. She has since bought a new home, and is forced to pay 2 mortgages because he wont sign, or buy the house. What should she do now? Was this even legaly binding?