How to Get a Realtor Approved by All Parties Before Marketing Property in Massachusetts | Massachusetts Estate Planning | FastCounsel
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How to Get a Realtor Approved by All Parties Before Marketing Property in Massachusetts

August 13, 2025 5 min read

Detailed answer

Getting every owner and authorized party to approve a realtor before you market a Massachusetts property requires a clear, document-driven process. Below are the practical legal steps to follow, with notes on common issues and links to Massachusetts statutes and resources that often apply.

1. Identify who has the legal authority to approve the listing

Start by confirming the legal owner(s) and any people or entities that can act on the owner’s behalf. Common situations include:

  • Individual owners (sole owner)
  • Co-owners: tenants in common or joint tenants
  • Trust-owned property where a trustee signs
  • Estate property where a personal representative (executor/administrator) signs
  • Property owned by a business entity (officers or authorized signers)
  • Power of Attorney signers acting for an incapacitated owner

To confirm the chain of title and current owner names, consult the local Registry of Deeds or MassLandRecords. Massachusetts registries: https://www.mass.gov/orgs/registry-of-deeds

2. Obtain and verify documentary proof of authority

Get the documents that prove who may legally sign a listing agreement:

  • Recorded deed(s) showing current owners
  • Trust document and certification of trust (for trust-owned property)
  • Letters testamentary or letters of administration from Probate (for estates)
  • Power of attorney (durable POA) — verify that it authorizes real estate transactions
  • Corporate or LLC resolutions or certified minutes if an entity owns the property

Massachusetts Uniform Probate Code and rules govern fiduciary powers and probate processes; see Chapter 190B for authority questions: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B

3. If multiple owners exist, get written, signed consent from everyone with ownership or authority

Do not rely on verbal approval. Have each owner or authorized signer sign the listing agreement or a separate written consent that names the broker, describes the listing terms (price range, commission, marketing activities), and states the signer’s authority (e.g., “trustee of the Smith Family Trust dated X”). If someone refuses to sign, you cannot ethically or safely proceed to market the whole property as a single owner’s listing without resolving the dispute.

4. Use a properly drafted listing agreement that identifies signers and capacity

Make sure the listing agreement:

  • Lists the exact legal names of all sellers or of the seller entity.
  • Specifies the capacity of any signer (e.g., “John Doe, as trustee of the Doe Revocable Trust dated Jan. 1, 2020”).
  • Is signed by everyone who must approve the listing or by an authorized signer with documentary proof of authority.

Confirm the broker is licensed by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons: https://www.mass.gov/orgs/board-of-registration-of-real-estate-brokers-and-salespersons

5. Check for legal encumbrances and required consents

Before marketing, run a title search and review mortgages, liens, easements, and restrictions. Also check for:

  • Condominium or homeowners’ association requirements (Mass. condo law: Chapter 183A): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183A
  • Mortgage payoff obligations — the lender does not usually have to approve the listing, but any payoff, lender approval for short sale, or lender notification should be handled early
  • Restrictive covenants or deed restrictions recorded in the chain of title

6. If an owner is incapacitated or disputes arise, obtain court authorization when needed

If authority is unclear (for example, competing claims among beneficiaries, a disputed will provision, or a POA that doesn’t clearly authorize marketing or sale), you may need a court order from Probate & Family Court confirming the personal representative’s or trustee’s power to list. The probate code that governs fiduciary powers and accounts is in Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B

If co-owners cannot agree, a partition action is an available remedy under Massachusetts law; that forces sale or division through the courts: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter241

7. Keep a clear, auditable paper trail

Retain copies of every consent, authorizing document, and the signed listing agreement. Note who gave approval, how they were identified, and when.

8. Practical resolution options if someone refuses to approve the broker

  • Negotiate a buyout or agreement to appoint a neutral broker acceptable to all parties.
  • Consider mediation to resolve disputes quickly and avoid court delay.
  • If negotiation fails and you want the whole property sold, a partition action can force a sale (see Chapter 241): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter241

Sample checklist to get everyone’s approval before marketing

  • Obtain current deed(s) and verify owner names at local Registry of Deeds: https://www.mass.gov/orgs/registry-of-deeds
  • Gather trust certification, letters testamentary, corporate resolutions, or POA documents
  • Run a title search and review mortgages/liens
  • Request condo/HOA resale documents and any required estoppel letters (if condo or association)
  • Prepare a listing agreement and a separate written consent form if helpful
  • Have all required signers sign in ink (or provide notarized/verified electronic signatures where accepted)
  • File or obtain any court authorization needed for estate or other fiduciary sales

Where to get help: If ownership or authority is unclear, consult a Massachusetts attorney experienced in real estate, probate, or trust matters. An attorney can review documents, advise whether court approval is necessary, and, if needed, represent parties in a probate or partition proceeding.

Disclaimer

This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Massachusetts attorney.

Helpful Hints

  • Get everything in writing. Signed documents reduce risk and avoid misunderstandings.
  • Ask the broker to include language in the listing that identifies all sellers and the signer’s capacity.
  • When a trust or POA is involved, request certified copies or an attorney-signed certification of trust or POA authority.
  • If a seller is deceased, obtain and keep a copy of letters testamentary or letters of administration; these documents show the probate court’s appointment.
  • Use a neutral broker if co-owners don’t trust a single party’s recommendation; a jointly agreed broker can ease concerns.
  • Consider mediation before filing legal actions—mediation often resolves disputes faster and with lower cost than court.
  • If you anticipate a contested sale or unusual title issues, consult counsel before marketing to avoid wasted marketing expenses or legal challenge at closing.
  • Confirm the broker’s Massachusetts license status on the Board of Registration site before signing: https://www.mass.gov/orgs/board-of-registration-of-real-estate-brokers-and-salespersons

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.