Detailed Answer

1. Identify who must approve

Start by determining who legally controls the right to sell or market the property. Common decision-makers include:

• All named owners on the deed (joint tenants, tenants in common, married owners).
• The trustee if the property is held in a trust.
• The personal representative (executor) if the property is in a probate estate.
• The guardian or conservator for an incapacitated owner.
• Corporate or LLC officers or managers if the owner is an entity (corporation, LLC, partnership).

To confirm ownership, pull a copy of the recorded deed from the county recorder’s office or an online county records search.

2. Confirm each person’s legal authority to approve a listing

After identifying potential approvers, confirm whether each named person has the current legal authority to approve marketing:

• If a trust owns the property, ask for a copy of the trust document or an excerpt showing the trustee’s power to sell. Trustees commonly have express sale authority in the trust instrument.
• If a power of attorney (POA) is used, verify the document is valid and that it specifically authorizes real estate transactions. Idaho’s power-of-attorney rules determine scope and validity of POAs.
• If the property is owned by an entity, obtain corporate or LLC resolution or minutes authorizing a designated officer/manager to sign listing agreements.
• If the owner is deceased or incapacitated, confirm whether a personal representative, guardian, or conservator has been appointed by the court.

3. Use written authorizations and a single, clear listing agreement

Idaho brokerage practice relies on written listing agreements. To avoid later disputes:

• Obtain a single written listing agreement signed by all owners or all authorized signers. Do not rely on oral approvals.
• If one person signs under a POA or on behalf of an entity, attach a copy of the POA or corporate resolution to the listing agreement.
• If the trustee or personal representative signs, include a copy of the trust excerpt or court appointment as backup.
• State in the listing who is authorized to accept offers, what level of cooperation with other brokers is allowed, and how proceeds will be distributed.

4. Verify signatures and notarization when needed

Some documents (for example, deeds or some POAs) must be notarized or recorded to be fully effective. Best practices:

• Require notarized signatures on the listing agreement where practical. Many brokers prefer notarization to reduce later challenges.
• Keep copies of IDs for signers if identity is likely to be contested.

5. Provide full disclosure to all owners before marketing

Share the proposed listing terms with every owner or decision-maker before you go live. That includes listing price, marketing plan, showings, lockbox use, and proposed commission. Written confirmation (email or initialed addendum) that each owner received and approves the marketing plan reduces later complaints.

6. Resolve disagreements before marketing

If owners disagree about which agent to hire or the listing terms, resolve the dispute before marketing:

• Consider mediation or negotiation to reach consensus.
• If the owners cannot agree and the property is jointly owned, one option is a court partition action. A court can order a forced sale or divide interests. A partition action is a legal remedy and may be slow and costly.

7. Special situations

Handle these carefully:

• Pending divorce: a court order may be necessary to sell or market the property during divorce proceedings.
• Morgage or lien holders: if a lender holds rights (e.g., due-on-sale clauses or required lender approval), coordinate with the lender before listing.
• Homeowners association (HOA) rules: check HOA rules for marketing restrictions (signs, showings, rental rules).

8. When to get legal help

Consult an attorney if you encounter:

• Conflicting ownership claims or unsigned co-owners.
• Disputes over the validity of a POA, trust, or entity resolution.
• Probate, guardianship, or insolvency issues affecting sale authority.

Idaho laws governing licensing and brokerage practices are in the Idaho statutes that regulate real estate brokers. For text of the real estate chapter, see Idaho Code, Title 54, Chapter 20: https://legislature.idaho.gov/statutesrules/idstat/Title54/T54CH20/. For general property law topics, see Idaho Code, Title 55: https://legislature.idaho.gov/statutesrules/idstat/Title55/.

Disclaimer: This information is educational only and is not legal advice. If you need legal advice about your specific situation, consult a licensed Idaho attorney.

Helpful Hints

• Get everything in writing. A signed listing agreement beats oral promises every time.
• Attach proof of authority. When someone signs for others, attach the POA, trust excerpt, or entity resolution to the listing file.
• Use a short written acknowledgement from each owner confirming they received and approve the final listing terms and marketing plan.
• Keep a clear chain of title. Pull a deed and tax records early to confirm current owners and recorded encumbrances.
• Ask the broker to include an “authority to accept offers” clause spelled out in the contract so all owners know who can accept an offer and on what terms.
• If you expect delay or disagreement, consider a limited listing period or a temporary marketing hold while you secure written authority from all parties.
• When ownership includes an entity or trust, request a certified or notarized copy of the document showing current authority rather than relying on a printed excerpt.
• If a co-owner cannot be found or refuses to cooperate, talk to a real estate attorney early—partition actions are an available remedy but have costs and timelines.