Alabama: Steps to Get Everyone to Approve a Realtor Before Marketing Property

Detailed Answer

Before you let a realtor market a property in Alabama, you should confirm who legally has authority to list and sell the property, get written approval from everyone who must sign, and document that approval to avoid delays, disputes, or a voidable sale. Below is a practical, step-by-step approach tailored to common Alabama ownership situations (co‑owners, trusts, powers of attorney, and probate). This is educational information only and is not legal advice.

1. Identify who has legal authority to sell

• Check the deed and title. The deed shows the recorded owners (joint tenants, tenants in common, or a single owner). A title search will also reveal liens, mortgages, or other encumbrances that affect the sale.
• If the property is held in a trust, review the trust document to see who the trustee is and whether the trustee has authority to sell. Ask for a certified copy of the trust and an affidavit from the trustee if requested by a title company.
• If an agent (power of attorney) will sign, verify the POA document’s scope and whether it is durable. Alabama recognizes powers of attorney but you should provide the title company or buyer with a certified copy of the POA. When capacity is an issue or the POA is limited, a title company or buyer may require court approval.
• If the owner is deceased or the property is part of an estate, determine whether the personal representative (executor/administrator) or heir has authority to sell. Sales by an estate may require probate procedures or court approval under Alabama probate law.

2. Obtain signed, written approval from all required parties

Most real estate brokerages require a listing agreement signed by whoever has authority to sell. To prevent later disputes:

• Get a single, signed listing agreement executed by all owners or by the person(s) with documented legal authority (trustee, agent with POA, or personal representative).
• If owners are in different locations, use notarized signatures or remote notarization if accepted by the title company or brokerage.
• If some owners cannot easily sign (illness, incapacitation), arrange for a properly executed POA, a certified copy of trust documentation, or a court order authorizing the sale.

3. Provide supporting documentation to the broker and title company

• Recorded deed (to confirm name(s) and ownership form).
• Certified copy of trust and trustee’s certificate, if applicable.
• Certified copy of power of attorney, including notary and any required witnessing.
• Letters testamentary or letters of administration (or other probate documents) if property is in a decedent’s estate.
• A current title commitment or title report showing liens, easements, and mortgages.

4. Address special situations under Alabama practice

Below are common complications and how to approach them in Alabama:

• Multiple owners who disagree: If owners cannot agree on a realtor or whether to sell, you can attempt mediation or negotiation first. If that fails, a co‑owner may file a partition action in the appropriate Alabama court to force sale or division. The Alabama court system provides information on civil actions and court filing procedures; consider a lawyer if you expect litigation.
• Property in probate: A personal representative may have powers to sell real property under Alabama probate rules, but some sales require probate court approval or confirmation. Contact the local probate court or review relevant probate rules in Alabama to confirm what filings are required.
• Trust property: Trustees who have express authority in the trust document can normally list and sell trust property. Title companies commonly ask for a certified copy of the trust and a trustee affidavit.
• POA and incapacity: If a power of attorney is used, the title company will want to see the POA and may require an attorney opinion letter that the POA grants sale authority. A durable POA that explicitly authorizes real estate transactions is usually sufficient; a springing or limited POA may cause additional scrutiny.

5. Use clear, written owner authorization and an escrow process

• Prepare an owner authorization memo or a short separate document stating that all owners approve the named broker to market the property and accepting the listing terms. Have all required parties sign and notarize it if requested.
• Choose a reputable title company or escrow agent early. Title companies verify signatory authority before closing and may require more documentation before they will insure title or accept closing instructions.

6. If someone refuses to approve the realtor

• Try negotiation or mediation first. Consider selecting a neutral broker or a firm agreeable to all parties for a limited time.
• If refusal continues and owners can’t reach agreement, a co‑owner may bring a partition action in Alabama circuit court to force a division or sale. Partition actions are judicial processes and typically require an attorney.

Relevant Alabama resources

• Alabama Legislature — general access to the Code of Alabama and statutes: https://www.legislature.state.al.us/ (check Title 43 for probate matters and the Code titles relevant to trusts and powers of attorney as needed).
• Alabama Judicial System and AOC (information about filing actions in Alabama courts, including partition): https://www.alacourt.gov/

When to hire an Alabama attorney

Hire an attorney if any of the following apply:

• One or more owners refuse to consent.
• Ownership is unclear, title issues exist, or liens are present.
• The property is in probate or the owner has questionable capacity.
• You need a partition action or court approval to sell.

An attorney can review documents, prepare necessary affidavits, seek court orders when needed, and make sure a sale closes cleanly under Alabama procedures.

Helpful Hints

• Start with a title search early. It reveals who must sign and any defects or liens that could block the sale.
• Get everything in writing: listing agreements, owner authorizations, POAs, trust certifications, and any waivers.
• Use notarized or certified documents when possible to speed title company acceptance.
• If owners are in different states, consider remote notarization or couriered documents to collect signatures quickly.
• Ask the title company upfront what documents they will require to insure title and close the sale; different title companies have different practices.
• Consider a short mutually agreeable listing period and a neutral broker if owners have different preferred realtors—this often reduces disputes.
• If someone is incapacitated, don’t rely on informal authority—secure a durable POA or court appointment and provide certified copies to the broker and title company.
• Keep a copy of every signed document in a secure place and provide copies to all owners so there’s a clear record of consent.

Disclaimer: This article explains common steps under Alabama practice but is not legal advice. For advice about your specific situation, consult a licensed Alabama attorney experienced in real property, probate, or trust matters.