How to Coordinate Realtor Selection with a Co-Owner for a Joint Property Sale in RI | Rhode Island Partition Actions | FastCounsel
RI Rhode Island

How to Coordinate Realtor Selection with a Co-Owner for a Joint Property Sale in RI

Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

When two or more people co-own a property in Rhode Island and decide to sell, choosing a realtor requires coordination to protect each owner’s interests. While Rhode Island law doesn’t prescribe a specific process for selecting an agent, you can follow these steps to reach a mutual decision and avoid delays or disputes.

1. Review Your Co-Ownership Agreement

If you have a written co-ownership or tenancy-in-common agreement, check whether it includes realtor selection procedures or decision-making rules. Some agreements require unanimous consent, simple majority votes, or specific timelines for appointing an agent.

2. Communicate and Set Criteria

Hold a meeting (in person or virtual) with your co-owner(s) to discuss:

  • Desired sale timeline
  • Target price range
  • Realtor experience and local market knowledge
  • Commission rate and services offered

3. Interview Multiple Realtors

Each co-owner can research and recommend two or three agents. Then jointly interview at least three candidates. Ask about:

  • Recent sales in your neighborhood
  • Marketing strategies (online listings, open houses, staging)
  • Communication style and reporting frequency
  • Commission structure and flexibility

4. Compare Proposals and Negotiate Terms

Gather written proposals from each realtor. Create a comparison chart that includes:

  • Listing price recommendations
  • Estimated days on market
  • Marketing package details
  • Commission percentages and possible discounts

Negotiate any discrepancies. For instance, you might ask a preferred agent to match a lower commission or expand advertising channels.

5. Formalize Your Choice

Once you agree on an agent, sign a written listing agreement. Ensure it includes:

  • Names and signatures of all co-owners
  • Property details and listing price
  • Listing period and exclusivity terms
  • Commission rate and payment conditions
  • Termination clauses and notice requirements

6. Resolving Deadlocks

If co-owners cannot agree, Rhode Island law allows a judicial partition. Under R.I. Gen. Laws §34-35-1[link], any co-owner may petition the Superior Court for sale and distribution of proceeds. This process can be time-consuming and costly, so mediation or arbitration is often a better first step.

Additionally, the Rhode Island Real Estate Commission regulates licensing [R.I. Gen. Laws §5-20.6-4]. Ensure your chosen realtor holds an active license and has no disciplinary actions.

Helpful Hints

  • Schedule regular check-ins to review marketing metrics and offers.
  • Document all discussions in writing to avoid misunderstandings.
  • Consider a short mediation session before seeking court intervention.
  • Verify the realtor’s Rhode Island license status online.
  • Be clear about how sale proceeds will be split and taxes handled.

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.