Montana: How to Get All Required Parties to Approve a Realtor Before Marketing Property

Detailed answer: step-by-step process to secure approval

When more than one person or entity has a say in how a Montana property is marketed, the easiest way to avoid disputes and delay is to follow a clear, documented process that identifies decision-makers, clarifies authority, and produces written consent. Below are practical steps you can take.

1. Identify who must approve.

   Start by confirming who holds legal authority over the property. Common decision-makers include:

   • Individuals listed on the deed (co-owners such as tenants in common or joint tenants)
   • A trustee (if the property is in a trust)
   • An executor or personal representative (if the property is in probate)
   • Someone acting under a durable power of attorney, if the power covers real estate
   • An association or board, when covenants or bylaws create approval requirements (e.g., condominium or HOA rules)

   Collect a copy of the deed, the trust instrument, the will or probate filings, the power of attorney, and any HOA/CC&R documents. These documents tell you who must sign and whether any special process is required.

2. Confirm legal limits on decision-making.

   Review the governing documents to see whether a single owner may act alone or whether unanimous (or majority) consent is required for marketing, listing, or selling. For example:

   • Co-owners (tenants in common) each own a share; one owner cannot bind others to sell the entire property without agreement.
   • A trustee must follow the trust terms; the trustee’s authority can be limited by the trust document.
   • An executor may need court approval to sell estate property in some probate situations.
3. Gather the group and set a decision process.

   Call a meeting (in-person or virtual) with all required decision-makers. Provide an agenda ahead of time that covers:

   • Why you need to pick a realtor now
   • The selection and approval timeline
   • How voting or consent will occur (written signatures, electronic signatures, unanimous consent, or majority rule if allowed)
4. Interview and shortlist agents together.

   Share candidate information with the decision-makers before the meeting so everyone can evaluate consistently. Ask each candidate for:

   • A written marketing plan and timeline
   • Recent comparable sales and a proposed listing price range
   • References and broker contact information
   • Proof of license and any disciplinary history (you can check licensing status through Montana’s licensing board websites)

   Meeting the same candidates reduces surprises and increases the chance of unified approval.

5. Document the approval in writing.

   Once the group agrees on a realtor, get a written, signed consent from all required parties. Typical documents include:

   • A fully signed listing agreement bearing all owners’ or authorized signers’ names
   • A separate written consent or authorization (if owners want to keep a single person as the point of contact for the agent)
   • Notarization where required by the governing document or where parties want an extra level of formality

   Keep originals in a safe place and give copies to the agent and all signers.

6. Address likely complications early.

   Common complications and how to handle them:

   • If an owner refuses to sign, discuss alternatives (buyout of that owner’s share, mediation, or, as a last resort, seeking a court partition). Montana courts can order partition of property when owners cannot agree; that step is a legal proceeding and often costly.
   • If the property is in probate, determine whether court approval is necessary to list or sell the real estate. If so, work with the personal representative and probate counsel to prepare the required filings and petitions.
   • If a trustee’s powers are unclear, ask the trustee to obtain written instructions from the trust beneficiaries or a court declaration of authority.
   • If the property is leased, check the lease for tenant notice requirements and listing/showing rules.
7. Coordinate with lenders, associations, and tenants.

   Notify the mortgage lender early if you anticipate a short sale or if lender approval might be required. Review HOA or condominium rules to confirm any association-level requirements for listing or marketing. Provide tenants with required notices about showings under any existing lease.

8. Keep communication open and records complete.

   Confirm who will be the single point of contact for the realtor and ensure all owners get copies of offers, marketing materials, and inspection reports. Keep an audit trail of emails and signed documents—these records reduce confusion and protect everyone if disagreements arise.

Following these steps produces a clear, documented approval process. When multiple parties follow the same process, agents can begin marketing quickly and with minimal legal risk.

Common scenarios and practical responses

• Two or more co-owners disagree on an agent: Hold a joint interview session, ask each owner to rank candidates in writing, and attempt to negotiate a shortlist. If an impasse persists, consider mediation or consult an attorney about partition remedies.
• Property in trust: The trustee should review the trust terms about marketing and sale. If the trust requires beneficiary consent, get it in writing. If terms are ambiguous, a trustee may ask a court for directions.
• Property in probate: The personal representative should consult probate counsel to determine whether the court must approve a listing or sale and prepare the necessary petitions if required.
• Short sale or lender involvement: Notify the lender early. Lenders sometimes require specific listing procedures or written approvals before accepting short-sale offers.

Helpful hints

• Before the decision meeting, distribute a one-page comparison of each agent’s commission, marketing plan, and timeline.
• Ask agents to provide a written comparative market analysis (CMA) so all decision-makers review the same data.
• Document all approvals as signed written consents rather than relying on oral agreements or casual emails.
• If one owner cannot be located or is incapacitated, confirm whether a valid power of attorney or court-appointed representative exists and obtain properly executed authority documentation.
• When possible, appoint one owner as the administrative contact for the agent to streamline communication while reserving final decisions to the full group.
• If disagreement seems likely to lead to litigation, consult a Montana attorney experienced in real property, probate, or trust matters before proceeding.
• Keep copies of the listing agreement, owner consents, MLS entry, and marketing materials in a shared folder accessible to all decision-makers.
• Plan for timing: give a reasonable deadline for decision-making to avoid losing market opportunities.