How to get every owner to approve the realtor before marketing a Nebraska property
Disclaimer: This is general information, not legal advice. Consult a Nebraska attorney for guidance about your specific situation.
Detailed answer — step-by-step process under Nebraska law
If more than one person or entity owns a parcel of real estate in Nebraska, getting everyone to approve the listing agent before you market the property means clarifying who has authority, documenting consent in writing, and resolving any disagreements before public marketing. Follow these steps:
-
Identify all legal owners and how they own title.
Start by ordering a current title report or reviewing the deed recorded in the county where the property sits. Determine whether owners hold title as joint tenants, tenants in common, tenants by the entirety (rare for non-married owners), or through an entity (LLC, corporation, trust). The form of ownership determines who must sign a listing and who can act without other owners.
-
Confirm who must sign the listing agreement.
Under standard real estate practice in Nebraska, every person or entity shown on the recorded deed has an ownership interest and typically must sign the listing agreement or otherwise authorize the agent. If title is held by an entity (LLC or corporation), the person who may bind that entity is the officer or manager authorized by corporate/organizational documents. If the property is in a trust, the trustee signs.
-
Gather documentation of authority to act.
Collect deeds, trust instruments, articles of organization, corporate resolutions, powers of attorney, letters testamentary or letters of administration (if in probate). If someone will sign for an owner under a power of attorney, make sure the POA language covers real estate transactions and is valid under Nebraska law.
See Nebraska probate and fiduciary rules for executors, administrators, and guardians at the Nebraska Revised Statutes, Chapter 30: Neb. Rev. Stat. Chapter 30 (Probate).
-
Propose a written listing agreement and get signatures from all required owners.
Use a written exclusive or open listing that names the broker and details commission, marketing scope, listing price, and duration. Every owner whose name appears on title should sign the listing, or there should be a valid document showing someone else is authorized to sign for that owner (e.g., valid POA, corporate resolution, trustee certification, or court order).
Broker licensing and required conduct are governed by Nebraska law; see the statutes that regulate professions and occupations, including real estate licensing: Neb. Rev. Stat. Chapter 81.
-
Resolve disputes before marketing.
If an owner objects to the chosen realtor, consider mediation or negotiation to reach a unanimous decision. Options include:
- Agreeing on a different broker or a neutral panel to recommend one.
- Entering a short-term non-exclusive listing to allow multiple brokers to market while owners continue negotiating.
- Pursuing buyout, partition, or court intervention if owners cannot agree.
If you cannot reach agreement and the property must be sold, a partition action may be available to force sale or physical division of the property. Partition and other civil remedies are part of Nebraska civil procedure; see the Nebraska statutes for civil actions: Neb. Rev. Stat. Chapter 25 (Civil Procedure).
-
Use clear, signed broker authorization that includes marketing permissions.
Make sure the listing form explicitly authorizes marketing activities (online listings, signage, open houses, photography, lockbox use) and that all owners initial or sign where necessary. This avoids later claims that a co-owner did not consent to a specific marketing method.
-
Record any necessary corporate or trustee resolutions.
If the owner is an LLC, corporation, or trust, obtain a certified resolution or trustee certification that the person signing the listing is authorized to do so. Keep those documents with the listing file so title companies and buyers can verify authority at closing.
-
If an owner is incapacitated or unavailable, follow proper legal processes.
If an owner is deceased, a personal representative or executor appointed by the probate court signs on behalf of the estate. If an owner is incapacitated and no valid POA exists, you may need a guardianship or conservatorship appointment. For court-supervised sales, follow probate court procedures in Nebraska.
-
Keep records and confirm consent in writing before marketing begins.
Retain signed listing(s), copies of authority documents, written waivers or consents for marketing methods, and a written record of any owner agreements about price adjustments, showings, or offers. Do not publicly market the property until these written consents are in place.
Practical example (hypothetical): Three siblings inherit a house as tenants in common. Two want to list with Agent A; one prefers Agent B. To market without delay, the two could agree to list with Agent A for 30 days while they continue negotiating with the third sibling. Alternatively, all three sign a single listing naming Agent A (if the third consents). If the third refuses, the two may negotiate a buyout or seek a partition action through the court.
Helpful hints — checklist to get started
- Order a current title report to identify all owners and liens.
- Collect the recorded deed, trust documents, corporate formation papers, and any POAs.
- Confirm whether a trustee, corporate officer, or personal representative has authority to sign; obtain certified copies if needed.
- Use a clear written listing agreement that lists all owners or states which owners signed and why others are not required to sign (with supporting documents).
- Get written consent for specific marketing activities (e.g., photography, lockbox, open houses) from all owners who have authority to give that consent.
- If an owner objects, propose mediation or a short-term, non-exclusive listing while parties negotiate.
- If agreement is impossible, consult a Nebraska attorney about partition, buyout options, or court-supervised sale procedures.
- Verify the broker is licensed in Nebraska before signing: see Nebraska real estate licensing resources at the Nebraska Legislature site: Neb. Rev. Stat. Chapter 81, and contact the Nebraska Real Estate Commission for licensing questions.
- Document everything in writing and keep a paper or electronic file of all owner consents and authority documents.