Detailed Answer — Getting everyone to approve the listing agent before you market a property (Alaska)
This guide explains, in plain language, the practical steps to get a realtor/listing agent approved by all required people before you put a property on the market in Alaska. It covers who must sign, how to confirm authority, common obstacles, and options if someone won’t agree. This is general information only and is not legal advice.
Step 1 — Identify every person or entity that has legal authority over the property
Start by determining who appears on the deed and whether ownership is held by:
- Individuals (joint tenants or tenants in common)
- A trust (trustee signs)
- An estate (personal representative or executor signs)
- A corporation, LLC, partnership (an officer or authorized manager signs)
- Someone acting under a valid Power of Attorney (POA)
Get a current copy of the deed and an up-to-date title report or preliminary title commitment from a title company so you can confirm all owners and recorded liens or encumbrances.
See Alaska property statutes (Title 34) for discussion of property interests: AS Title 34 (Property).
Step 2 — Confirm who must sign the listing agreement
Generally, anyone who has an ownership interest must agree to list the property. Who signs depends on how title is held:
- If multiple individual owners appear on the deed, typically every owner whose name appears must sign the listing agreement.
- If property is in a trust, the trustee with authority under the trust document signs.
- If the owner is deceased and the estate controls the property, the personal representative or administrator must sign (you may need court appointment or letters testamentary).
- If an owner is incapacitated and someone acts under a POA, confirm that the POA specifically authorizes real property transactions and is valid under Alaska law.
For statutes about probate, guardianship, and related authority, see Alaska’s Title 13: AS Title 13.
Step 3 — Gather and document proof of authority
Collect the documents that show who can sign. Typical documents include:
- Recorded deed or title report
- Trust agreement naming the trustee and powers granted
- Letters testamentary or letters of administration (for estates)
- Durable Power of Attorney that expressly grants authority to sell/market real estate
- Corporate resolution or LLC operating agreement authorizing a person to sign
Ask the title company to confirm whether the docs are sufficient for closing and for the listing process.
Step 4 — Use a clear, written listing agreement and require signatures from all required parties
Do not rely on oral approval. Use a standard written listing agreement that identifies the property and lists all owners or the party with signing authority. Require signatures and, where appropriate, notarization. If an owner will sign by electronic signature, confirm the listing broker accepts that method and that it satisfies closing/title requirements.
Step 5 — Handle special situations
Uncooperative or missing co-owners. If a co-owner refuses to consent or cannot be found:
- Try negotiation — buyout, revised commission, or other compromise.
- Consider mediation to resolve disputes without court.
- If necessary, a partition lawsuit can force sale of property held by co-owners (a costly and time-consuming option).
Deceased owner with no clear personal representative. You may need to open a probate matter so the court can appoint someone to sign for the estate.
POA issues. Confirm the POA is durable, not revoked, and expressly covers real estate transactions. Alaska recognizes statutory POA rules — you can review Alaska’s statutes and rules on powers of attorney at AS Title 13 and consult with the title company.
Step 6 — Coordinate with your chosen broker and the title company
Ask your proposed listing broker to:
- Review the title report and the signing documents before marketing
- Confirm the broker’s procedures for handling multiple signatories
- Require that all owners or authorized signers sign the listing agreement and any required disclosures
Confirm with your title company early whether the documentation provided will be enough to close after an accepted offer; early coordination avoids last-minute problems.
Where to find licensing and broker information in Alaska
Make sure any person you plan to hire is a properly licensed real estate broker or salesperson in Alaska. Licensing and complaint information is available from the Alaska Division of Corporations, Business and Professional Licensing: Alaska Real Estate Licensing. For statutes that regulate licensing and brokerage rules, see Title 08: AS Title 08.
If you run into a legal problem
If you cannot obtain unanimous agreement, or if questions arise about the validity of a signer’s authority, consider consulting a licensed Alaska attorney who handles real estate, probate, or trust matters. A lawyer can advise whether you need court action (for example, to appoint a personal representative, to confirm a trustee’s powers, or to seek partition).
Disclaimer: This information is educational and does not constitute legal advice. For advice about your specific situation, consult a licensed Alaska attorney or a licensed Alaska real estate broker.
Helpful Hints — Quick checklist before marketing
- Get a current title report before choosing a broker.
- Make a list of all owners and how title is held (individuals, trust, LLC, estate).
- Collect deeds, trust documents, POAs, corporate resolutions, or letters testamentary.
- Require that the listing agreement be signed by every owner or the authorized signer (not just one person unless they have legal authority).
- Confirm POA authority in writing and, if practical, get an opinion letter from the title company that the POA suffices for closing.
- Ask the broker to confirm that the marketing timeline allows time to gather multiple signatures and to clear title issues.
- If a co-owner is uncooperative, consider mediation or a buyout before pursuing court.
- Verify the broker’s Alaska license at the Alaska Division of Corporations, Business & Professional Licensing site.
- Document all communications and keep copies of every signed page in case of later disputes.