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How to get every owner to approve a realtor before marketing a property — Maine

August 13, 2025 6 min read

Getting all owners to approve a real estate agent before marketing a Maine property

Short answer: identify every legal owner, confirm who has authority to act, gather proof of that authority, present a single proposed listing agreement that all owners sign, and resolve any holdouts through negotiation, a power of attorney, or court action if necessary. Follow written documentation and disclosure practices so the broker can safely begin marketing.

Detailed answer — step-by-step checklist for Maine property

Below is a practical sequence you can follow. It assumes no one has already signed a listing and that multiple people or entities hold ownership (co‑owners, heirs, trustees, an executor, or an owner under a power of attorney). Use these steps to get a realtor approved by everyone before you market the property.

  1. 1. Identify every legal owner and interested party

    Get a current copy of the deed and the chain of title at the county registry of deeds to see all named owners. Common ownership forms include joint tenants, tenants in common, trust ownership, corporate ownership, or an estate/executor. If someone claims authority on behalf of an entity, ask for the formation documents (articles of incorporation, trust instrument, or letters testamentary).

    Where to check: Maine’s public statutes and county registries are available through the Maine Legislature and county registry websites. For general statute lookup: https://www.mainelegislature.org/legis/statutes/

  2. 2. Verify who actually can sign a listing agreement

    Not every occupant or beneficiary can sign to sell or list. Determine whether each named owner must sign (most often yes). If the property is owned by a trust, get a copy of the trust page that shows the trustee’s powers. If owned by a corporation or LLC, get a corporate resolution or signed authorization showing who may execute contracts. If an executor or personal representative is involved, request letters of appointment from the probate court.

    For probate or fiduciary questions, consult the Maine Judicial Branch: https://www.courts.maine.gov/

  3. 3. Collect and review the necessary documents

    • Recorded deed (to confirm names and ownership form)
    • ID for each signatory (to match names)
    • Trust instrument, letters testamentary, corporate documents, or power of attorney, as applicable
    • HOA/condo rules, lease(s), and mortgage payoff statements

    Having these documents in hand prevents later disputes about who authorized the listing.

  4. 4. Choose a single proposed listing agreement and present it to everyone

    Use one written listing agreement that names the property and clearly lists all owners as sellers. Ask each owner to sign the same document (or initial and sign on identical signature pages attached to the same agreement). The broker should include required agency disclosures so everyone knows who the agent represents. If an owner cannot attend in person, an original signed signature, notarized signature, or a properly executed power of attorney may be acceptable.

    To check a broker’s licensing and complaint history, see the Maine professional licensing pages: https://www.maine.gov/pfr/professionallicensing/professions/realestate/

  5. 5. Handle special situations

    • If an owner is unreachable: attempt documented contact (email, certified mail). If you cannot obtain a signature, consider whether a court‑appointed process (such as a probate representative or partition action) is needed.
    • If an owner refuses to sign: try mediation or negotiation first. If that fails, a co‑owner can seek a partition action (court order to sell or divide property) through Maine courts.
    • If a power of attorney signs: verify the POA is valid, unrevoked, and grants power to sell or list real estate. Ask for a certified copy.
    • If the property is in probate or trust: confirm that the person offering the property has authority under the will, trust, or court order to market and sell.

  6. 6. Avoid conflicts of interest and get written consents

    All owners must receive and sign any required agency disclosure forms. If a broker will represent more than one party (for example, a buyer and seller), written informed consent addressing agency duties is essential. Keep signed disclosure documents with the listing agreement so the broker can lawfully market the property.

  7. 7. Resolve encumbrances and third‑party approvals before aggressive marketing

    Check mortgages, liens, and existing purchase options. If a mortgage lender must approve a sale or has a right of first refusal, get written statements or payoffs. If a homeowners association requires approvals for listing or showing, follow its procedures and get written confirmation.

  8. 8. File or record only what’s necessary; preserve closing documents

    You usually do not record the listing agreement. Keep originals and send copies to all owners. When you eventually go to closing, the deed must be properly executed by all owners or their authorized signatories and then recorded at the county registry of deeds.

When you may need a lawyer or court help

If an owner refuses to cooperate or if ownership is disputed (competing deeds, unclear trust language, missing heirs, or a contested power of attorney), get legal advice. Maine courts can resolve disputes through probate proceedings or partition actions. For self‑help resources and court locations see: https://www.courts.maine.gov/

Common traps to avoid

  • Don’t rely on informal verbal agreement from a co‑owner — get signatures in writing.
  • Don’t let marketing begin before confirming who legally can bind the property — that can create liability for the broker and the sellers.
  • A signed listing by only some owners can lead to later invalidity at closing.

Helpful Hints

  • Start by ordering a title report or pulling the deed at the county registry of deeds to see all owners and liens.
  • Prepare a simple owner packet: copy of the proposed listing, agency disclosure, broker license check link, and a list of documents you’ll need to verify authority.
  • Use certified mail or email with read receipts when communicating with remote owners so you have a record of attempts to get consent.
  • If time is critical, consider whether an owner can execute a limited power of attorney to authorize a sale; have any POA reviewed for scope and validity.
  • If trust, probate, or corporate issues are present, consult an attorney experienced in Maine real estate and probate to avoid wasted marketing expense.
  • Keep all owners copied on communications and uploaded documents to reduce surprises later and build trust among co‑owners.

Useful official Maine links

Disclaimer: This article provides general information about Maine processes and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Maine attorney familiar with real estate, probate, or trust matters.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.