Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When two or more parties co-own real property in Florida, they typically hold title as tenants in common or joint tenants with right of survivorship. Each co-owner has an equal right to market and sell the property. Under Florida Statutes §689.021, a tenant in common may transfer their interest without co-owner consent, but selecting a listing agent requires agreement among all owners: Fla. Stat. §689.021.
Here are key steps to coordinate realtor selection:
- Open Clear Communication. Schedule a meeting or video call to discuss goals, desired sale timeline and acceptable commission rates. Document each co-owner’s priorities.
- Compile Agent Options. Each co-owner surveys local agents and submits credentials, sales history and marketing plans.
- Compare Proposals. Review comparative market analyses, marketing strategies and fee structures side by side.
- Vote or Reach Consensus. With two co-owners, aim for compromise. If there are three or more, adopt a majority-vote rule in writing.
- Formalize the Agreement. Draft a short co-ownership addendum or listing agreement that names the selected agent and outlines commission splits.
If a deadlock persists, Florida law offers a partition action under Chapter 64, Florida Statutes. A court can order a public sale or physical division of the property. Partition actions can be costly, so consider mediation or arbitration before filing suit.
Helpful Hints
- Put decisions in writing. A signed co-ownership agreement reduces future disputes.
- Set firm deadlines. Agree on dates for agent interviews and final selection to keep the process on track.
- Use neutral facilitation. A professional mediator can help resolve impasses quickly.
- Clarify commission distribution. Confirm how you will split fees with your chosen agent.
- Consult a real estate attorney. An attorney can review your agreement and explain partition risks under Florida law.