How to Get Everyone to Approve a Realtor Before Marketing a Property in Indiana

Detailed answer — step-by-step checklist

This section explains the practical steps to make sure the chosen realtor is approved by all required parties before you list a property in Indiana. Assume no one reading this has legal training. This is education, not legal advice. If you need legal guidance for your facts, consult a licensed attorney.

1. Identify every legal decision-maker.

   Begin with a title check. Look at the deed, recorded title, trust documents, corporate records, powers of attorney, or probate filings to see who has authority to sell or authorize an agent. Common ownership forms and who must approve:

   • Single owner — the owner signs the listing.
   • Married couple — often both spouses must sign unless title shows only one and legal documents say otherwise.
   • Joint tenants or tenants in common — each record owner typically must sign a listing agreement or otherwise authorize an agent.
   • Trust-owned property — the trustee with authority under the trust instrument must approve.
   • Entity-owned (LLC, corporation) — check company operating agreement or board resolution; usually the manager or authorized officers must sign.
   • Estate property — the personal representative or executor identified in probate court papers handles sale authority; sometimes court approval is needed.
   • Power of attorney — an agent can sign only if the power of attorney document grants real-property transaction authority and is valid under Indiana law.
2. Gather and review documents that prove authority.

   Collect and review: the deed, vesting deed, trust document pages showing trustee powers, corporate minutes or resolutions, letters testamentary/letters of administration from probate, and any recorded powers of attorney. If someone claims authority by POA or as a trustee/executor, obtain a certified copy or an attorney-certified copy to make sure it is valid and current.

3. Confirm powers of attorney and trustee authority.

   Indiana follows statutory rules about powers of attorney and fiduciary duties. If someone proposes to sign on behalf of an owner, confirm the document expressly authorizes sale of real estate and is not revoked or expired. For laws governing probate, trusts and powers of attorney, refer to Indiana statutes on probate and property: see Indiana Code, Title 30 (probate/trusts) and Title 32 (property):
   
   Indiana Code, Title 30 — Probate and Trusts
   
   Indiana Code, Title 32 — Property

4. Prepare a single clear listing agreement and get it signed by every required party.

   Use a written listing agreement that names the property, the listing broker/agent, the listing period, the broker’s commission, and who is authorized to accept offers. Every owner or authorized signer should sign that same agreement, or separate identical agreements that reference the same terms. Keep originals and provide copies to all signers and the broker.

5. If parties disagree, explore alternatives before marketing.

   If one or more owners refuse to approve the chosen realtor, consider:

   • Mediation or a neutral third-party negotiation;
   • One owner buying out the others;
   • Listing with a neutral, mutually agreed broker or using a limited marketing plan agreed in writing;
   • If disagreement is irreconcilable, a partition action in Indiana court may be necessary to force sale or physical division of the property. See Indiana property statutes for partition and actions affecting title: https://iga.in.gov/legislative/laws/2024/ic/titles/032.
6. Confirm any HOA, lender, or third-party rules.

   Review homeowners association bylaws and mortgage documents. HOAs sometimes require notification, and mortgages contain clauses about payoff procedures. Lenders generally do not block a listing, but they must be paid at closing. If the property participates in an HOA or restrictive covenants, follow their notice or approval rules before marketing.

7. Make authority clear to buyers and title companies.

   When you accept an offer, title companies and closing attorneys will ask to see the same authority documents you collected. Provide them early to avoid delays. If an agent signs on behalf of an owner, the title company will want authenticated POA, trustee certification, or probate court papers.

8. Check real estate licensing and broker policies.

   Confirm the proposed realtor is licensed in Indiana and that the brokerage’s policies allow handling the specific transaction. For regulator information, see the Indiana Professional Licensing Agency, Real Estate Commission: https://www.in.gov/pla/real-estate-commission/

9. Document consent and keep records.

   Keep signed listing agreements, written consents, copies of authority documents, emails, and meeting notes in one file. At closing, the title company will require these. If a dispute arises later, a clear paper trail will help resolve the issue.

10. When to involve a lawyer.

    Consult a real estate attorney if:

    • Ownership or authority is unclear;
    • One owner objects to listing or refuses to sign;
    • Trust, probate, or corporate rules complicate authority;
    • You suspect a power of attorney is invalid or has been revoked.

Common hypothetical examples (how the steps apply):

• Two siblings listed on the deed disagree about the agent. You must get both siblings to sign the same listing or resolve via mediation/buyout before marketing.
• A trustee wants to list trust property. Obtain a copy of the trust sections that grant sale authority and a trustee certification showing the trustee’s power.
• An elderly owner has a power of attorney. Confirm the POA is durable, grants real estate authority, and appears valid on its face; provide a certified copy to the title company.

Helpful hints

• Get everything in writing. Verbal consents cause delays and disputes.
• Use a single listing agreement signed by all required parties whenever possible.
• Provide the broker with copies of the deed and any documents showing who can sign for the property before marketing.
• Ask the title company to run a preliminary title report early. It often reveals hidden issues or additional required signers.
• Keep communication dated and saved. Email confirmation of consent helps prove what was agreed.
• If a POA is used, request a certified copy and confirm it hasn’t been revoked. When in doubt, ask the title company or an attorney to verify.
• If multiple owners live apart, consider a short conference call or signed written consent form to speed the approval process.
• When owners include an estate or trust, secure court or trustee certifications if required; those are commonly demanded at closing.
• Consider adding a clause in the listing agreement describing exactly who can accept offers and sign closing documents to reduce disputes later.