Detailed Answer

If multiple people own or control a Colorado property (co-owners, trustees, personal representatives, power-of-attorney agents, or an association), you should take clear, documented steps to confirm the right person(s) choose the real estate broker before you start marketing. Below is a practical, step-by-step plan that covers the common legal issues in Colorado and the documents you’ll need to gather.

1. Confirm who legally can approve the listing

1. Check the deed/chain of title. The deed shows current owners and how they hold title (joint tenants, tenants in common, married couple, etc.). You’ll need written consent from every listed owner unless a legal document gives decision authority to someone else.
2. Review trust, will, or court orders. If the property is owned by a trust, the trustee’s signed authorization controls. If it’s part of an estate, the personal representative/executor (appointed by the probate court) has authority. If a court has appointed a conservator or guardian, that person’s letters of appointment show their power.
3. Check powers of attorney and corporate/partnership documents. A durable power of attorney may permit sale decisions (confirm scope and that it’s in effect). Partnerships or LLCs will have operating agreements or resolutions that name who can sign listing agreements.
4. HOA or loan restrictions. Homeowners’ associations and mortgage lenders can have notice or approval rules (e.g., estoppel statements, payoff demands). Consult the HOA documents and lender before listing.

2. Gather proof of authority and identity

Collect copies of the documents that show who can sign a listing agreement:

• Recorded deed or title report
• Trust agreement and trustee certification or trust certification
• Letters testamentary or letters of administration for an estate (issued by the Colorado probate court)
• Durable power of attorney (if applicable) and proof it’s valid
• Business formation documents, resolutions, or operating agreements
• Photo ID for all signing parties

3. Pick a realtor and confirm credentials

Choose a licensed Colorado real estate broker and verify their license and disciplinary history through the Colorado Division of Real Estate:

Colorado Division of Real Estate (DORA)

Ask for a sample listing agreement, a copy of the broker’s Errors & Omissions insurance (if used), marketing plan, and references.

4. Obtain written, signed consent from the appropriate person(s)

Even if everyone verbally agrees, get signatures. The cleanest approach is:

• All owners (or the authorized representative(s)) sign the standard listing agreement;
• If a single person is authorized (trustee, executor, power of attorney), have them attach the authorizing document (trust certification, letters testamentary, POA) when signing;
• If owners are remote or unavailable, use a notarized signature or electronic signature service that meets Colorado standards and confirm identity.

5. Disclose and document any conflicts or limitations

Make written notes of any limitations the signing party imposed (e.g., minimum sales price, required co-owner approval before accepting offers, or timing). Ensure the listing agreement references those restrictions so there’s no surprise later when offers arrive.

6. Handle third-party approvals before marketing

• Mortgage lender: Contact the lender to confirm the payoff process and whether any loan terms affect marketing (short sale, lender approval required, etc.).
• Homeowners’ association: Order HOA estoppel or resale certificate early to understand dues, assessments, or restrictions that must be disclosed.
• Probate or bankruptcy: If the property is in probate or an owner is in bankruptcy, secure court approval or trustee/receiver authorization where required.

7. Title and closing readiness

Order a preliminary title report or commitment to surface any title issues (liens, judgments, easements) before a public marketing campaign. Resolving title encumbrances reduces the risk of deals falling apart.

8. If one owner refuses to agree

When an owner refuses, you can try negotiation or mediation. If that fails, Colorado law allows co-owners to seek a court-ordered partition (a legal action to divide or force sale of property). Litigation is costly and uncertain — consult a Colorado real estate attorney early if unanimous consent is impossible.

Relevant Colorado law and resources

• Real estate licensing rules and consumer information: Colorado Division of Real Estate — https://dora.colorado.gov/real-estate
• Colorado statutes on property and related topics: Colorado Revised Statutes, Title 38 (Property) — https://leg.colorado.gov/content/title-38-property
• Colorado statutes on professions (including real estate brokers): Title 12, Professions & Occupations — https://leg.colorado.gov/content/title-12-professions-and-occupations

Bottom line: Before marketing, confirm who legally controls the decision, collect documentary proof, obtain signed listing authority from the authorized person(s), order title and HOA documents, and verify the broker’s Colorado license. Do these steps in writing to minimize disputes and to make closings go smoothly.

Disclaimer: This article is informational only and does not constitute legal advice. For advice about your specific situation, consult a Colorado real estate attorney or other qualified professional.

Helpful Hints

• Always get signatures — never rely only on verbal approval.
• Ask the broker to include a short “authority box” on the listing agreement that identifies the document(s) proving the signer’s authority (deed, trust, letters, POA).
• Order an HOA resale certificate and a preliminary title report before public marketing — these often reveal surprises that delay or derail sales.
• Verify the broker’s Colorado license and disciplinary history through DORA: dora.colorado.gov/real-estate.
• If an owner is out of state, use a notarized or properly authenticated electronic signature platform that complies with Colorado rules.
• If you suspect an owner lacks capacity or has signed under duress, stop marketing and consult an attorney — you may need a court order to proceed.
• Document every decision in writing and save emails and signed forms; they help resolve later disputes.
• If unanimity is impossible, consider mediation before litigation — it’s faster and usually cheaper than a partition action in court.