Getting Everyone to Approve a Realtor Before Marketing Property in Hawaii

Disclaimer: This article is for general 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 attorney in Hawaii.

Detailed answer — step‑by‑step checklist

If you plan to market real property in Hawaii and multiple people or entities have the legal authority to approve a listing, follow these steps to make sure the chosen broker/realtor is approved by everyone and you avoid later disputes.

1. Identify who must approve

   Start by determining the legal owners and anyone who must consent before marketing:

   • All persons named on the recorded deed (co‑owners, joint tenants, tenants in common).
   • Trustees (if the title is held in a trust) — you will need the relevant trust instrument language authorizing sale and the trustee’s name.
   • Executors or personal representatives (if the property is in an estate) — you will need letters testamentary or court authorization.
   • Persons with power of attorney, but only if the POA expressly grants authority to list and sell real property.
   • Homeowners’ association or condominium association may impose rules about signage, showings, or listing — check governing documents.

   Why this matters: only those with legal authority can sign a binding listing contract. If you market without everyone’s authority, a sale can be challenged or delayed.

2. Confirm ownership and authority in public records

   Do a title check using the recorded deed and county records to confirm the names and ownership form (individuals, trust, corporation). For brokers and sellers, obtaining a preliminary title report or a simple records check reduces surprises.

   Useful Hawaii resource: Hawaii Real Estate licensing and regulation is governed by state law — see Hawaii Revised Statutes, chapter 467: HRS Chapter 467 (Real Estate Brokers and Salespersons).

3. Obtain clear written authority from every required signer

   Do not rely on verbal agreements. A valid written listing agreement signed by the required owners (or by an authorized agent with documentary proof of that authority) is essential. Documents you may need to collect and keep with the listing file:

   • Signed listing agreement (principal document).
   • Copy of recorded deed showing ownership.
   • Copies of trust pages identifying the trustee and trust date (if trust owns title).
   • Letters testamentary or court documents (if an executor is acting for an estate).
   • Durable power of attorney that specifically authorizes sale of the real property (if applicable).
   • Photo IDs for signers and contact information for all owners.

   Tip: ask the broker to include a signature block for every owner on the listing, and require a statement that the signer has authority to list the property.

4. Resolve co‑owner disagreements before marketing

   If co‑owners disagree about which broker to hire, consider these options:

   • Negotiate a written co‑owner agreement allocating decision authority (e.g., one owner authorized to handle listing subject to a written indemnity).
   • Use mediation or neutral facilitation to reach consent.
   • If no agreement is possible and the property must be sold, one owner may need to seek a court partition action to force sale (this is a legal remedy — consult an attorney).

5. Make agency and commission terms transparent and signed

   Hawaii law regulates brokerage relationships. Before marketing, the broker must disclose agency status and obtain the seller’s informed consent to the agency relationship and commission. See the Hawaii Department of Commerce & Consumer Affairs, Real Estate Branch for licensing and disclosure rules: Hawaii DCCA — Real Estate Branch.

   Items to confirm in writing:

   • Who the broker represents (seller, buyer, dual agency — if allowed).
   • Commission rate and who pays it (and whether commission is split with cooperating brokers).
   • Listing term (start and end dates), marketing methods (MLS, open houses, sign), and termination rights.

6. Get written consent for marketing specifics

   Certain marketing actions require explicit owner consent:

   • Placement of “For Sale” signs on the property.
   • Lockbox installation and keys.
   • Photos, virtual tours, or sharing interior images online.
   • Showing schedules and who may enter the property.

   Be sure all owners sign separate consent for these items or that the listing agreement specifically authorizes them.

7. Check and disclose title encumbrances and property‑specific rules

   Before marketing, identify mortgages, liens, easements, restrictions, and any HOA or condominium rules that could affect sale or marketing. If the property is a condominium, review Hawaii’s condominium regime rules: HRS Chapter 514B (Condominiums).

8. Document everything and keep records

   Keep signed copies of the listing agreement, authority documents, disclosures, consents, and any email approvals. Good recordkeeping reduces later disputes and protects the broker and the sellers.

Common scenarios and practical solutions

• Single owner listed, other owner unavailable: Obtain a notarized power of attorney properly authorizing the agent to sign a listing and sell. Keep a copy of the recorded deed and the POA language that grants real property authority.
• Trust owns title: Confirm the trustee’s power under the trust instrument; ask for the pages that name the trustee and grant sale authority.
• Estate property: request letters testamentary or court authority showing the personal representative’s power to sell.

Helpful hints

• Do a quick title or deed search before choosing a broker to identify all owners and encumbrances.
• Require all owners to sign the same listing copy; avoid multiple, inconsistent listing forms.
• Use email confirmation in addition to signatures to document consent to marketing items (photos, lockbox, showings).
• Ask the broker to attach copies of trust pages, POA, or letters testamentary to the listing file.
• Check condo or HOA rules early — some associations restrict signage, open houses, or require management approval prior to marketing.
• If owners disagree, explore mediation before considering court action. Court partitions are costly and time consuming.
• Confirm the broker is licensed in Hawaii via the DCCA Real Estate Branch: https://cca.hawaii.gov/reb/.
• Keep a paper and electronic folder for all documents and communication so you can show proof of authorization later if necessary.

Following these steps will minimize the risk of marketing a property without full, documented consent from everyone who must approve. When in doubt about authority, documentation, or how to resolve co‑owner disputes, consult a Hawaii real estate attorney.

Again, this is general information and not legal advice. For guidance tailored to your situation, consult a licensed attorney in Hawaii.