Disclaimer: This is educational information only and not legal advice. Consult a licensed Mississippi attorney for advice about your specific situation.

Detailed Answer

If multiple people have an ownership interest in real property in Mississippi, you should get clear, written authority from the persons or entities who must approve a listing before you begin marketing. Failing to get required approval can lead to disputes, cancelled listings, litigation, and wasted time and money. Below are practical, legally relevant steps to obtain proper approval and reduce risk.

1. Identify who legally controls the property

– Start with a title check (deed) to confirm all owners whose signatures are required. Owners can be individuals, trustees, corporate officers, or fiduciaries. If the property is in a trust, the trustee controls marketing and sale per the trust instrument.

– If the property is part of an estate, the personal representative (executor/administrator) appointed by the probate court controls sales for the estate.

– If a power of attorney (POA) exists, review the POA to confirm whether the agent has authority to list and sell. Mississippi’s Uniform Power of Attorney Act is available online: Miss. Code Ann. Title 89, Ch. 8.

2. Confirm title issues, liens, and encumbrances

– Obtain a title report or commitment to identify mortgages, liens, judgments, easements, or other encumbrances that could limit marketing or sale.

– If a mortgage exists, note if the lender needs to consent to certain marketing activities, short sales, or payoff procedures.

3. Determine who must sign the listing agreement

– All legal owners (or authorized agents) generally should sign the listing agreement. For co-owners, the listing should identify who is signing on behalf of whom and on what authority.

– If someone claims power through POA, trustee authority, or court appointment, have them produce the document and, if necessary, a certified copy from the issuing court or recorded instrument.

4. Put consent in writing — a clear, enforceable listing agreement

– Use a written listing agreement that names each owner and shows signatures and printed names exactly as they appear on title or official documents.

– The listing agreement should state the listing price or method to set price, the commission, the marketing activities authorized (photos, lockbox, signs, open houses, online listings), and any restrictions (no signs, limited showings, etc.).

5. Handle special situations

– If owners disagree, consider mediation or negotiation. If agreement cannot be reached, a co-owner sometimes may seek a partition action in court, but that is a major step and requires legal counsel.

– If the property is subject to guardianship, conservatorship, or probate, court approval may be required to sell or to list. Check with the probate court or an attorney.

6. Comply with licensing and agency rules

– Ensure the broker and sales agent are properly licensed in Mississippi. The Mississippi Real Estate Commission (MREC) enforces licensing and agency disclosure rules: MREC. The state’s statutes governing brokers and salespersons are in the Mississippi Code, Title 73, Chapter 35: Miss. Code Ann. Title 73, Ch. 35.

– The agent should disclose agency relationships and get written consent for dual agency or designated agency where applicable.

7. Confirm marketing permissions and logistics

– Obtain written permission for photos, virtual tours, lockboxes, keys, signs, and access for showings. Note any privacy or security concerns owners may have.

– If the property is in an HOA or condo association, check rules on signs, open houses, and required disclosures; some associations require seller-provided resale certificates or restrict marketing methods.

8. Keep records and copies of all authorizations

– Keep signed originals or certified copies of all documents (listing agreement, POA, trust agreement pages naming trustee powers, court orders, deeds). Keep a dated log of communications about approvals.

9. When owners are not reachable or are incapacitated

– If an owner is incapacitated and no valid agent exists, a court petition (guardianship or appointment of a conservator) may be required. If an owner is missing and can’t be located, a court remedy may be necessary before marketing the whole property.

Consequences of failing to get proper approval

– A listing signed by someone without authority can be void or subject to rescission.

– Marketing without consent can create claims for conversion, trespass, or breach of fiduciary duty (by an agent or co-owner).

– Disputes among owners can delay sale or force litigation. Early verification avoids most problems.

Helpful Hints

• Start with a title search — it usually answers who must approve.
• Collect identification and signatory authority (deeds, trust pages, POAs, corporate resolutions) before signing a listing agreement.
• Use a clear written listing that names each owner and shows roles and signature blocks for each.
• Have the agent explain exactly what marketing actions are authorized (photos, lockbox, open houses).
• Ask the broker to verify licensing and provide agency-disclosure forms required by the Mississippi Real Estate Commission: MREC.
• Check HOA/condo rules early to avoid surprises about signs or required disclosures.
• If owners disagree, stop marketing until you get written resolution, mediation, or court direction.
• When a power of attorney is used, get a copy and confirm it grants authority to transfer or market real estate.
• If the property is in probate or trust administration, consult the responsible fiduciary or attorney for court-required steps.
• Keep a file with all signed authorizations and communications; it protects you if a dispute arises.