Disclaimer: This is educational information, not legal advice. Consult a Louisiana attorney for legal guidance specific to your situation.
Detailed Answer
Getting a realtor approved by everyone who must agree before marketing a property in Louisiana means confirming who has legal authority to sell, getting written consent from all required parties, and documenting that authority clearly. Below is a practical, step-by-step roadmap you can follow. Where applicable, I note where Louisiana statutes, rules, or official resources provide background or further verification.
1) Identify every person or entity with ownership or legal control
– Pull a current title report or a certified copy of the deed to confirm the exact owners and how title is held (individuals, spouses, trust, corporation, LLC, heirs of a succession, etc.).
– If the property is part of a trust, check the trust document for the trustee’s authority to sell. If it is in an estate (succession), determine whether the succession is open and whether court authorization is required to sell.
2) Confirm each owner’s capacity and relationship to the property
– Verify whether any owner is under a disability, represented by a curator or tutorship, or subject to a power of attorney. For property held as community property or with spousal interests, ensure the spouse’s signature or consent will be required. Louisiana has specific rules about marital and succession interests—if in doubt, ask an attorney.
3) Determine who must sign the listing agreement
– The listing contract should show the seller names exactly as on title. Get written signatures from every person or entity that has the legal power to sell. If a trust, estate, guardian, or POA is involved, attach the authenticated document (trust certification, Letters of Administration/Authority, court order, or the POA) showing authority to sign.
4) Verify capacity and authenticity of any representative
– If someone will sign on behalf of an owner (agent under a power of attorney, trustee, corporate officer, or succession representative), collect and keep a certified copy of the document giving that authority. For powers of attorney, confirm they are valid under Louisiana law and that the signatures are notarized as required.
5) Confirm broker/realtor licensing and disclosure obligations
– Confirm the realtor is licensed in Louisiana. You can verify license status with the Louisiana Real Estate Commission (LREC) license search: https://www.lrec.gov/licensee-search/ .
– Ensure the listing agreement includes the type of agency (seller’s agent, subagency, transaction-broker, etc.) and any required disclosures. Louisiana licensing and brokerage rules affect what the realtor must disclose and how they may represent you—review LREC materials and Louisiana statutes governing real estate practice (search Title 37 and related rules): https://legis.la.gov/Legis/LawSearch.aspx?search=real%20estate%20broker
6) Get a single, clear written listing agreement signed by all necessary parties
– Use a formal written listing agreement that names the property, lists all owners, and is signed by all sellers (or their authorized representatives). Attach any proof of representative authority (trust excerpts, POA, corporate resolution, court order, Letters of Administration).
7) Address potential third-party approvals before marketing
– Mortgage lenders: If the property has a mortgage, the lender’s consent is not generally required to list—but a mortgage affects closing and may require payoff or lender approval for short sales.
– HOA or servitudes: For properties subject to homeowners’ associations, condominium boards, or special servitudes, review declaration/bylaws for any pre-sale requirements (e.g., resale certificates, approval of buyers).
– Court involvement for successors: If the property is part of a succession (estate), Louisiana procedures may require judicial approval to sell estate property. For more on partition or sales in succession, see state resources: https://legis.la.gov/Legis/LawSearch.aspx?search=partition
8) Use closing and marketing safeguards
– Require that all sellers agree on listing price, marketing methods, and who will sign closing documents.
– Keep the listing agreement and authority documents in the broker’s file. Require the listing agent to confirm in writing (email or cover letter) that they reviewed ownership and authority documents.
9) If one owner refuses or is unavailable
– If an owner refuses to sign and you cannot resolve the dispute, Louisiana law provides remedies such as a partition action (court-ordered sale or division). Partition rules and procedures are governed by Louisiana law—see the state legislature search for partition and co-ownership: https://legis.la.gov/Legis/LawSearch.aspx?search=partition
10) Final checklist to avoid delays at closing
– Ensure names on title exactly match signing parties and closing documents.
– Obtain and keep certified documents for any representative authority (trust certification, POA, corporate documents, court orders, Letters of Administration).
– Confirm no outstanding judicial restrictions (orders, liens, conservatorships) block the sale.
Helpful Hints
- Begin with a title report or preliminary title search so you know all recorded owners and liens before choosing a realtor.
- Always get a written listing agreement with signatures from every required party before marketing begins.
- Use exact legal names (how they appear on the deed). Small name mismatches cause big closing delays.
- Verify any realtor through LREC’s license search: https://www.lrec.gov/licensee-search/ .
- If the property is in a succession (deceased owner), consult an attorney early—court approval or a succession representative’s authority may be required.
- Keep digital and physical copies of all documents agents rely on (POAs, trust excerpts, corporate resolutions, Letters of Administration, court orders).
- For older properties, remember federal disclosure obligations such as lead-based paint (EPA): https://www.epa.gov/lead/protect-your-family-lead-your-home .
- If a co-owner refuses to cooperate, an attorney can advise about partition actions or other remedies under Louisiana law: https://legis.la.gov/Legis/LawSearch.aspx?search=partition
Following these steps minimizes surprises when marketing and selling your Louisiana property. If questions remain about authority, succession, community property issues, or unusual title matters, consult a Louisiana real estate attorney to confirm the legal steps you must take.