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Florida: How to Get All Owners to Approve a Realtor Before Marketing Property

August 13, 2025 7 min read

Step-by-step FAQ: How to get every owner or decision-maker to approve a listing agent before marketing real estate in Florida

This FAQ explains, in plain language, the practical steps to make sure the right people approve a realtor (listing agent or broker) before you market a Florida property. It uses a short hypothetical to show how the steps work. This is educational information only — not legal advice.

Hypothetical fact pattern

Two siblings own a family house as tenants in common. One sibling wants to hire a real estate agent and begin marketing. The other sibling lives out-of-state and is unsure. The property may be homestead, and a third-party lender has a mortgage.

Short answer (quick checklist)

  1. Confirm who holds legal authority over the property (check the deed and title).
  2. Determine whether any special rules apply (homestead, trust, LLC, probate, guardianship, POA, or HOA rules).
  3. Gather written, signed authorization from every owner or an authorized representative before you sign a listing agreement or start marketing.
  4. If someone cannot or will not sign, get a court order or other documented authority (trust certification, corporate resolution, letters of administration, or court approval).
  5. Provide the broker with clear documentary proof of who may sign and keep written records of every consent.

Detailed answer — step-by-step under Florida law

1. Identify legal ownership and who must approve

Start by obtaining a copy of the deed or a recent title commitment. The deed shows whether owners hold title as joint tenants, tenants in common, tenants by the entirety, or in a business entity (LLC/corporation) or trust. Each ownership type has different practical results:

  • Tenants in common: each co-owner has an individual ownership share. Typically all co-owners must sign a listing agreement and deed to sell the property.
  • Joint tenants or tenants by the entirety: joint owners usually must act together. For homestead held by a married couple, Florida’s constitution provides special protections that typically require both spouses to join documents affecting homestead property.
  • Trusts/LLCs/Corporations: only the person(s) authorized by the trust document, operating agreement, or corporate resolution may sign. Ask for an authenticated certificate of trust or corporate resolution showing the authorized signer.

Where to check statutes and rules: Florida regulates licensed real estate brokers and sales associates under Chapter 475 of the Florida Statutes. See Chapter 475 (Florida Department of Business and Professional Regulation) for broker duties and listing contract requirements: Fla. Stat. Ch. 475.

2. Watch for homestead, marital, or spousal-signature issues

If the property is a homestead under Florida law, additional signatures may be required to convey or encumber the property. The Florida Constitution protects homestead and limits forced alienation. For many homestead transactions, both spouses must sign; failure to obtain both spouses’ approval can invalidate a conveyance. See Florida Constitution, Article X, Section 4 for homestead protections: Florida Constitution.

3. If a power of attorney (POA) is used, verify authority and validity

If an owner will sign by power of attorney, confirm that the POA grants authority to sign real-estate contracts and that it is valid under Florida law. Florida’s statutes on powers of attorney and the required powers or formalities apply. Request a copy of the POA, verify it is durable (if required), and check that the agent’s authority includes real property transactions. Florida statutes on powers of attorney can be reviewed here: Fla. Stat. Ch. 709 (Power of Attorney).

4. If the property is in probate or the owner is incapacitated, get court authority

If title is in an estate, or an owner is subject to a guardianship or the property needs to be sold through probate, the personal representative or guardian must obtain court authorization to list and sell. Florida probate and guardianship statutes control the procedures for court approval and sale terms. See:

5. Check homeowners’ association (HOA) or deed restriction rules

Some community documents limit signage, open houses, or marketing methods. Before placing signs or flyers, confirm the condominium or HOA documents. Florida’s Community Association statutes are in Chapter 720: Fla. Stat. Ch. 720.

6. Get written, signed consent from everyone who must approve

Do not rely on oral approval. Have every owner or authorized representative sign the listing agreement or a separate written consent that specifically names the listing broker and describes the marketing actions to be taken. Provide the broker with copies of the documents that prove signatory authority (deed, corporate resolution/trust certificate, POA, letters of administration, or court order).

7. What to do if someone refuses or cannot sign

  • Negotiate internally or use mediation to resolve co-owner disagreement before incurring marketing costs.
  • If negotiation fails and selling is necessary, a co-owner can seek a partition action in court to force a sale (partition by sale or division). A partition suit is a court process and can be lengthy and costly.
  • If a co-owner is missing or deceased, a title search and, if necessary, a probate action may be required to clear title or obtain signatures through the court.

8. Provide the broker everything they need and record your process

Give the broker:

  • Signed listing agreement with all required signatures or authorized documents.
  • A copy of the deed and title commitment.
  • Trust certificate, corporate resolution, POA, letters of administration, or court order, as applicable.

Keep copies of all consents, emails, and records of phone calls. Brokers should confirm signatory authority before accepting a listing; insist they attach evidence of authority to the listing file.

9. Special notes about mortgages, liens, and foreclosures

Existing mortgages and liens do not usually block marketing, but they affect closing. If the property is in active foreclosure, the foreclosing lender controls certain actions and court timelines. Before marketing in a foreclosure context, consult an attorney to understand whether marketing will prejudice the foreclosure or the parties’ rights.

When to involve an attorney

Consider a Florida real estate attorney when:

  • Ownership is unclear or multiple heirs/owners exist.
  • A co-owner refuses to sign and you need a partition or court order.
  • There is an active probate, guardianship, or foreclosure.
  • There are homestead issues or disputed spousal signatures.

An attorney can prepare the proper documents, obtain court orders if needed, and protect your rights through the sale process.

Helpful Hints

  • Always get written proof. Oral consents often lead to disputes.
  • Ask the broker to confirm signatory authority in writing and attach supporting documents to the listing file.
  • Request a title report early. It reveals owners, liens, and easements that affect marketing and sale.
  • If someone signs via POA, get a certified copy of the POA and confirm it specifically authorizes real estate transactions.
  • For trusts, ask for a certificate of trust or a signed trustee affidavit identifying the trustee’s authority to sell.
  • If homestead is an issue, ensure both spouses participate in and sign any listing and sale documents or seek legal advice; homestead rules are strict in Florida.
  • Keep a paper trail of all communications and consents — photographs of listed signs, copies of online listings, and dated emails help prove proper authorization.
  • If a sale is urgent and an owner refuses to cooperate, discuss the option of a partition action with counsel — this is a legal remedy to force sale when co-owners cannot agree.

Resources and statutes

Disclaimer: This article is educational only and does not constitute legal advice. Laws change and every situation is different. For guidance tailored to your facts, consult a licensed Florida real estate attorney or the broker’s compliance department before taking action.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.