Detailed Answer
When multiple people own or control a property, you should take clear, documented steps to make sure the person you hire to sell the property is accepted by everyone before you begin marketing. The legal authority to hire a realtor depends on how title or control is held (for example, joint tenants, tenants in common, trustee, personal representative, or someone with a valid power of attorney). Follow these practical steps to obtain approval and reduce the risk of disputes under Kentucky law:
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Identify every person or party with legal authority over the property.
Start by checking the deed, trust documents, the probate file (if the owner is deceased), and any powers of attorney. Owners may include co-owners on the deed, a trustee (if the property is in a trust), or a personal representative/executor (if the estate is open). If you need to search recorded documents, contact the county clerk/recorder where the property is located.
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Confirm who can sign agreements.
Different ownership structures require different approvals:
- Joint tenants or tenants in common: typically each co-owner must consent to the listing and sign the listing agreement unless you have a written agreement saying otherwise.
- Trust-owned property: the trustee signs; review the trust document for any beneficiary approval requirements.
- Probate estate: the personal representative’s authority comes from the will or probate court; sometimes court approval is required before marketing or sale.
- Power of attorney: a valid durable power of attorney may allow an agent to list and sell property, but the POA must specifically grant real estate authority and must be valid under Kentucky law.
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Put consent in writing before marketing.
Get a written, signed authorization from every owner or from the person who has legal authority. The document can be a unanimous listing agreement signed by all owners, or a separate written consent authorizing one designated owner or agent to hire the realtor and manage marketing. Keep originals and provide copies to all parties.
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Use a clear, owner-approved listing agreement.
When you select a realtor, use a standard listing agreement that spells out commission, term, marketing methods, pricing authority, and how showings are handled. Make any negotiated changes in writing and have each owner (or the authorized representative) sign the final version. Consider adding an acknowledgment that all owners have approved the agent.
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Collect and attach documentation proving authority.
If a trustee, personal representative, or agent under a power of attorney signs the listing, attach proof of their authority (trust excerpts showing trustee powers, letters testamentary or letters of administration from probate court, a notarized POA). This reduces later challenges when the contract is relied upon by buyers or brokers.
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Address disagreements early.
If one or more owners objects to a proposed realtor, try these options: interview multiple agents and let owners vote; propose objective selection criteria (experience, marketing plan, commission); use mediation to resolve disputes; or, as a last resort, seek a court order (for example, a partition action or court approval of a sale) if co-owners cannot agree.
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If the property is in probate or trust, confirm any court or document-required steps.
Kentucky law and court procedures sometimes require additional approval for the sale of estate or trust assets. If you are selling property from an estate or as a trustee, consult the governing document or probate court clerk to determine whether notice to beneficiaries or court confirmation is required before marketing or closing. You can learn more about Kentucky statutes and probate procedure on the Kentucky Legislature website: https://apps.legislature.ky.gov/statutes/.
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Comply with homeowner association rules and local requirements.
If the property is subject to an HOA, check for any required notices or resale procedures before marketing. Also confirm local licensing or rental rules if applicable.
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Maintain open communication and a single point of contact.
Designate one person to coordinate with the realtor and circulate updates and offers to all owners. Keep a paper trail (emails, signed waivers, receipts) so everyone sees the process and timing.
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Document final approval and preserve records.
Once everyone agrees, record the fully executed listing agreement and related authority documents in a secure place and provide copies to the realtor and all owners. That documentation minimizes the risk of later claims that someone did not consent.
Short hypothetical example
Three siblings inherit a house as tenants in common. They interview three agents, compare written marketing plans and commission proposals, and then sign a single listing agreement that all three sign. One sibling lives out of state and signs a notarized consent and provides a scanned copy. The personal representative attaches the recorded deed and a copy of the probate paperwork showing their authority. The listing goes live only after the realtor has the fully executed listing and proof of authority.
Where to check Kentucky law and local rules
- Kentucky Revised Statutes (general search and chapters): https://apps.legislature.ky.gov/statutes/
- Kentucky Real Estate Commission (licensing and brokerage rules): https://krec.ky.gov/
- Your county clerk/recorder for deed and recorded document searches (visit the county website for links and instructions).
Important disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For legal advice about a specific situation in Kentucky, consult a licensed attorney or the appropriate court or agency.
Helpful Hints
- Start by obtaining a current title search so you can list every recorded owner and lienholder.
- Require written consent from every owner or authorized representative before marketing.
- Have owners sign one unified listing agreement to avoid conflicting instructions to the realtor.
- If a signer uses a power of attorney, make sure the POA specifically grants real estate authority and is notarized; keep a copy attached to the listing file.
- If the estate is open, check whether the personal representative needs court authorization to market or sell; ask the probate clerk or your attorney.
- Use neutral, objective criteria (price strategy, marketing budget, comparable sales) when choosing an agent to reduce disputes.
- Preserve all communications and signatures (digital copies and originals) and confirm receipt with each owner.
- If co-owners are unreachable or refuse, consider mediation or, if necessary, a court partition action—this is a last resort and often takes time.
- Keep the realtor informed of documentary requirements so they can vet buyers and escrow without delay.