How to Get All Owners to Approve a Realtor Before Marketing a Property in New Hampshire

Quick answer: Identify every person or entity with legal authority over the property, confirm how title is held, collect written consent from everyone required to sign a listing, confirm there are no third-party approvals or probate restrictions, and record a fully executed listing agreement before marketing. If obtaining unanimous consent proves difficult, consider alternatives such as appointing a limited power of attorney, negotiating a buyout, or asking a court for declaratory relief. This guidance is educational only and not legal advice; consult a New Hampshire attorney for your specific situation.

Detailed answer — step-by-step under New Hampshire considerations

When multiple people or entities have an ownership or control interest in real estate in New Hampshire, marketing the property without all necessary approvals can lead to disputes, voidable listings, or legal liability. Follow these steps to get (and document) approval from everyone who must consent before you advertise or list the property.

1. Identify all owners and stakeholders

Order a title report or examine the deed to see the names and how title is held (joint tenants, tenants in common, tenants by the entirety, corporation, trust, partnership, etc.).
Check for a mortgage or lien, condominium/HOA rules, easements, or other encumbrances that might affect the ability to market or sell.
Determine whether anyone else has authority to act for an owner (power of attorney, trustee, guardian, executor). If so, confirm the scope of that authority and whether it covers selling or listing the property.

2. Determine who must sign the listing agreement

The general rule: anyone who has legal authority to sell or encumber the property must either give written consent to the listing or be the person who signs the listing agreement. Examples:

If tenants in common: each co-owner must sign the listing (or otherwise delegate authority).
If tenants by the entirety (generally married couples): both spouses must sign.
If title is in a trust or company: the trustee or authorized officer must sign, and you should confirm corporate resolution or trust instrument authority.
If an owner is deceased and the property is in probate: the personal representative or executor who has authority under the probate court may sign — confirm probate paperwork or court order.

3. Request and collect written approvals

Use a clear, dated written form. The simplest approach is a single listing agreement signed by all required parties. Alternatively, use a separate written consent form that references the listing agreement and confirms approval to market.
Confirm identity when obtaining signatures: compare signatures to ID and match names to title. If someone is signing under a power of attorney, request a certified copy of the power of attorney and verify it is valid and includes authority to sell/market real estate.
Keep signed originals in a safe place; provide the realtor with copies to avoid later disputes about authenticity.

4. Confirm any third‑party or statutory approvals

Homeowners association or condominium: review governing documents for any required approval or notice procedures before marketing a sale.
Mortgage holder: if you plan a short sale or if loan documents require notice or approval before marketing, contact the lender to learn procedures.
Probate court or conservatorship: if the property is part of an estate or a guardianship/estate administration, obtain the necessary court orders authorizing sale or marketing if required by the court file.

5. Use clear written authority language

Whether in the listing agreement or a separate authorization, include:

The property description and address
The identity of the appointed listing broker/agent
Scope of authority (marketing, showings, negotiating offers, accepting deposits)
Commission terms and duration of the listing
Signatures and dates for every signer, and a statement that signers have authority to bind the owner(s).

6. Confirm broker licensing and disclosures

Make sure the agent or broker is licensed in New Hampshire and that required agency disclosures are provided to all owners. You can find New Hampshire real estate licensing information at the Office of Professional Licensure and Certification: https://www.oplc.nh.gov/real-estate.

7. Handle disputes or non-consent

Try negotiation or mediation among owners: often the quickest, least expensive path.
Appoint a limited power of attorney if owners agree in writing to authorize one person to sign the listing and sale paperwork on behalf of all.
If an owner refuses without legal reason, consider buyout negotiations or, as a last resort, a court partition action to force sale under New Hampshire law (partition via court is usually time-consuming and costly).

8. Keep a complete audit trail

Retain all documents: title report, deed, listing agreement, consents, powers of attorney, probate or corporate authorizations, HOA communications, and any lender correspondences. A clear paper trail protects the broker and the owners if a later dispute arises.

Where to check New Hampshire law and administrative rules

For licensing rules, practice standards, and consumer protections for brokers, see the New Hampshire Office of Professional Licensure and Certification real estate pages: https://www.oplc.nh.gov/real-estate. For statutory authority and to search specific state statutes related to conveyancing, probate, powers of attorney, and other matters that may affect who can approve a listing, search the New Hampshire Revised Statutes at the General Court site: https://www.gencourt.state.nh.us/rsa/.

Helpful Hints

Start with a title search — that one document usually answers who must sign.
If an owner is out of state, use notarized original signatures or a reliable e-signature platform accepted by your broker and title company.
When in doubt, get a short written opinion from a New Hampshire real estate attorney before marketing.
Ask your broker for a sample consent form or a multi-party listing agreement to cover all owners and authorized signers.
If the property sits in a trust or corporate name, request certified corporate resolutions or an excerpt of trustee authority to avoid a post-contract challenge.
Document any verbal agreements in writing and circulate them for signature; verbal consent is risky.
Be proactive about HOA and lender communications; issues discovered after marketing can delay or torpedo a sale.