Detailed Answer
Before you let a realtor market a Georgia property, you should make sure every person or entity who must legally approve that listing has done so. That reduces delay, avoids invalid listing agreements, and prevents disputes during sale. Below is a clear, step-by-step process you can follow, organized around the common legal checkpoints in Georgia.
1. Identify who must approve
- All record owners shown on the deed (individuals, married couples, trusts, corporations, LLCs).
- Trustee(s) for property held in trust.
- Executor or administrator if the property is part of an estate in probate.
- Holder(s) of a valid Power of Attorney who can sign for an owner (confirm scope).
- Co-owners with contractual sign-off rights (partnerships, LLC operating agreements, etc.).
- When applicable: condominium or homeowners association (HOA) managers if association rules require broker registration or disclosures prior to marketing.
- When applicable: bankruptcy trustee or court if the owner is in bankruptcy; lender(s) if you need a short sale or lender approval for special marketing arrangements.
2. Gather documents that prove who can sign
Get clear evidence that the person signing the listing can legally bind the property:
- Current deed (shows legal owners).
- Title report or preliminary title commitment (shows liens, mortgages, encumbrances).
- Trust documents or trustee certification if a trust owns the property.
- Letters testamentary or letters of administration if the property is in probate.
- Durable power of attorney that expressly authorizes real estate transactions, if used.
- Corporate or LLC resolution or certificate authorizing an officer/manager to sign for an entity.
- Condo/HOA bylaws and any rules about broker registration or marketing procedures.
3. Confirm authority and timing under Georgia law and local practice
Practical checks you should do in Georgia:
- Run a title search or ask a title company for a preliminary commitment to confirm the recorded owners and any liens. Title companies frequently flag missing signatures or irregular ownership chains that can block sale later.
- If the property is in probate, understand whether the executor needs court approval before marketing or selling. Learn how Georgia probate procedures affect sales at the Georgia probate courts site: Georgia Courts — Probate. Probate sales often require notice and/or court confirmation under the probate rules.
- If the property is owned by a trust, request a trustee certification and review the trust language to confirm the trustee’s authority to market and sell.
- If signing by power of attorney, verify the POA is valid under Georgia law and that it specifically authorizes real estate transactions. The state code and official resources are available at the Georgia General Assembly site: O.C.G.A. and Georgia law.
- Check Georgia Real Estate Commission guidance on broker/licensing obligations and proper listing procedures at the Georgia Real Estate Commission: grec.state.ga.us.
4. Use the correct listing agreement and get all required signatures
Best practices:
- Make sure the listing agreement names all record owners or the legal signatory (trustee, executor, agent under POA, corporate officer) and contains the property legal description.
- Confirm the brokerage compensation, marketing plan, and the start/end dates in writing. All owners (or their authorized signatories) should sign the same original of the agreement, or the broker should attach signed authorizations that expressly allow the broker to act.
- If an owner cannot sign in person, use notarized signatures or a verified electronic-signature method acceptable to the title company and local real estate custom.
5. Address special situations
- Probate: If the property belongs to a decedent’s estate, the executor may need to petition the probate court for authority to sell (or to confirm a sale). See Georgia probate resources: Georgia Courts — Probate.
- Trusts: Ensure the trustee’s authority is documented. Title companies commonly request a trustee’s certification or a copy of the pertinent trust pages.
- Divorce or contested ownership: Get a written agreement or court order before marketing. Disputes among co-owners often require lawyer involvement or court resolution.
- Bankruptcy: A bankruptcy stay may prohibit marketing or sale. Confirm the bankruptcy status with the debtor’s counsel or the bankruptcy court.
- HOAs/Condominiums: Follow association rules for showings, signage, and broker registration. Associations may require copies of listing agreements or broker contact info before listings go live.
- Short sale or heavy mortgages: If you expect to need lender approval for a sale price or payoff shortfall, begin lender communications early. Lenders may require written broker involvement and a listing history.
6. Coordinate with the title company and broker
Ask the title company to issue a preliminary title commitment before significant marketing. A title commitment will show:
- All recorded owners and the chain of title.
- Mortgages, liens, judgments, and easements that could affect marketing or closing.
- Whether any additional signatures, consents, or clearances are required.
7. Get written approvals and keep copies
Document every owner’s or authorized signatory’s written approval to list. Keep notarized copies of POAs, trustee certifications, letters testamentary, corporate resolutions, and the signed listing agreement. Good documentation prevents disputes and helps your broker close a buyer quickly.
When you should consult a lawyer in Georgia
Contact a Georgia real estate attorney when:
- Ownership is unclear or multiple parties dispute the right to sell.
- There are pending probate, trust, bankruptcy, or divorce proceedings.
- Significant liens, title defects, or unusual easements appear in the title report.
- A lender demands special approvals, or you anticipate a short sale.
Because Georgia law and local court or association rules can affect whether a particular signatory can bind the property, an attorney can confirm authority and prepare required pleadings or affidavits when needed.
Relevant official resources:
- Georgia Real Estate Commission (broker licensing and regulations): https://grec.state.ga.us/
- Georgia Courts — Probate information: https://www.georgiacourts.gov/probate/
- Official site for Georgia statutes and code (O.C.G.A.): https://www.legis.ga.gov/
Bottom line: Identify all legal owners and authorized signers, gather documents that prove their authority, get all required signatures on a proper listing agreement, clear title issues up front, and document every approval in writing. When ownership or authority is unclear, or when probate, bankruptcy, or significant liens are present, consult a Georgia attorney before marketing.
Disclaimer: This article explains general Georgia practice and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed Georgia attorney.
Helpful Hints
- Start with a preliminary title search before signing any listing agreement; it often reveals the exact set of signatories you need.
- Request a signed trustee certification or letters testamentary early if the property is in a trust or estate.
- Use a single listing agreement document signed by all owners or include clear, notarized authorizations for anyone signing on an owner’s behalf.
- If a Power of Attorney will sign, deliver a certified copy to the title company and ask whether they require additional verification.
- Communicate with your broker about HOA rules—some associations require broker registration before showing units.
- Keep clearly dated, signed copies of everything you give the broker—this avoids later disputes over who authorized the listing.
- When in doubt about contested ownership, liabilities, or the need for court approval, consult a Georgia real estate attorney early to avoid costly delays.