How to get every owner to approve a realtor before marketing a property (Arizona)

Short answer: Identify who has legal authority over the property, check title and governing documents (trust, will, LLC/tenancy agreement, HOA), present a short written selection process, and obtain written signatures or valid delegations (power of attorney, trustee authority, or court order) before you list. If owners disagree, consider mediation, a buyout, or a partition action.

Disclaimer

This article explains general Arizona law and common practical steps. This is not legal advice. Consult an Arizona attorney for advice about your specific situation.

Detailed answer — step-by-step process

1. Confirm legal ownership and decisionmakers

Start by pulling a current title report or deed. The deed shows whether owners hold title as joint tenants, tenants in common, an LLC, a trust, or through a personal representative in a probate case. Each form of ownership changes who can approve a listing:

• Tenants in common: each co-owner owns a share. To sell the entire property you generally need agreement from all owners or a court-ordered sale (partition).
• Joint tenants with right of survivorship: surviving joint tenant owns after death, but while all are alive, unanimous consent is safest to market the whole property.
• Trustee: the trustee acts for the trust. Make sure the trustee has authority under the trust document to market or sell real estate.
• Personal representative (probate): a court-appointed personal representative may need court authority or statutory power to sell real property in the estate.
• Entity ownership (LLC, corporation): check the operating agreement or bylaws for who can authorize a sale or sign a listing.

Arizona statutes that govern estates and trusts are found in Title 14 of the Arizona Revised Statutes. You can review those laws at the Arizona legislature site: A.R.S. Title 14 (Trusts, Wills & Estates). For real estate licensing rules, see A.R.S. Title 32: A.R.S. Title 32 (Professions & Occupations — Real Estate).

2. Review governing documents and authority rules

Locate the trust document, will, LLC operating agreement, corporate minutes, or HOA covenants. These documents often set who signs contracts, how many votes are required, and whether the manager or trustee needs co-trustee or beneficiary consent before marketing. If an owner has granted a power of attorney (POA), confirm the POA is valid and covers real-estate transactions. POAs are governed by Arizona law in Title 14 as well.

3. Propose a simple, transparent selection process

To avoid surprises and disputes, put the realtor-selection process in writing and circulate it to everyone who must approve. An effective process should include:

• Names of the candidate agents and their fees/commission splits
• Scope of marketing (MLS, open houses, lockbox, signage, online ads)
• Who will sign the listing agreement and any contingencies (repairs, staging costs)
• How to handle showings, tenant notice (if occupied), and keys
• Deadline for decisions and method of resolving disagreements (mediation or majority vote if allowed by governing documents)

4. Get written consent and signatures

Do not rely on verbal approval. Obtain one of these before marketing:

• All required owners sign the listing agreement (preferred)
• A written, signed declaration from co-owners delegating listing authority to a named owner or agent
• A valid POA in writing that expressly authorizes marketing and sale
• Corporate/LLC resolution signed by authorized officers
• If the property is in probate, a court order or specific statutory authority for the personal representative to sell

Listing contracts should include the names of parties who sign and language confirming they have authority to bind the property. The Arizona Department of Real Estate provides consumer information and broker rules at azre.gov.

5. Address required disclosures and agency consent

Arizona law requires certain agency and condition disclosures when listing or showing property. Make sure everyone approves the marketing disclosures (property condition, known defects, lead-based paint, if applicable) and any dual agency or designated agency arrangements the broker proposes. The real estate broker must follow state licensing rules in A.R.S. Title 32 and the Department of Real Estate’s regulations.

6. Plan for occupied property or tenants

If tenants live in the property, review the lease(s) and Arizona tenant protections to confirm notice and access procedures for showings. A tenant’s lease may limit marketing methods or require notice before showings.

7. If owners disagree: options and next steps

• Negotiate a buyout: one owner buys out the others’ interests under a written agreement.
• Mediation or arbitration: use a neutral mediator to reach an agreement about the agent and sale terms.
• Partition action: if owners cannot agree, an owner may file a partition lawsuit in Arizona superior court to force division or sale of the property. The Arizona Judicial Branch has general information on civil actions at azcourts.gov.
• Court approval in probate: if the property is in an estate and the personal representative lacks clear authority, seek court permission to sell.

Practical checklist before you market

1. Get a current title report and copies of deeds.
2. Collect trust, will, operating agreement, POA, and HOA documents.
3. Identify who must sign the listing under those documents or under Arizona law.
4. Prepare a written agent-selection plan and circulate it.
5. Obtain written, signed listing agreement(s) or written delegations from all required decisionmakers.
6. Confirm disclosures and tenant access rules are agreed to by owners.
7. Keep all communications written and dated; keep copies in escrow/closing file.

Helpful hints

• Use a short, clear written consent form: list the agent, commission, marketing methods, and a signature line for each owner.
• Ask the title company or a real estate attorney to confirm signatory requirements for closing.
• If a trustee, personal representative, or corporate officer signs, attach proof of authority (trust excerpt, court order, corporate resolution).
• Consider a limited, time-bound listing (e.g., 60–90 days) to reassure reluctant owners.
• If one owner refuses but you need to act, explore a judicial partition or request court instruction in probate — but expect delay and cost.
• Keep communications professional and document attempts to obtain consent; that record can help in court or mediation if a dispute arises.

Where to get help

Talk to an Arizona real estate attorney if ownership is unclear, if a trustee or personal representative needs authority clarified, or if co-owners dispute marketing. Useful official resources:

• Arizona Revised Statutes (Title 14 — Trusts, Wills & Estates): https://www.azleg.gov/arsDetail/?title=14
• Arizona Revised Statutes (Title 32 — Professions & Occupations, includes real estate licensing): https://www.azleg.gov/arsDetail/?title=32
• Arizona Department of Real Estate consumer resources: https://azre.gov/
• Arizona Judicial Branch (court information and forms): https://www.azcourts.gov/

Follow these steps to reduce conflict and ensure that any realtor you hire can act on behalf of the property without legal challenge. When in doubt, get written authority or a lawyer’s opinion before you list.