Nevada — Getting All Owners to Approve a Realtor Before Marketing Property

Detailed Answer

This section explains practical, step-by-step actions you can take under Nevada law to make sure the chosen real estate agent (realtor) is approved by everyone who must sign before you list or market a property. This is general information only and not legal advice.

1. Identify who legally must approve

• Start by determining the legal owners shown on the deed and the title report. Every owner of record typically must agree to list and sell the property.
• If an owner is an entity (LLC, corporation, trust), identify the person(s) authorized to act on its behalf (e.g., managers, officers, trustees).
• If an owner has a power of attorney, confirm the POA covers real estate transactions and that the POA is valid under Nevada law.

2. Verify authority and documents

• Obtain a preliminary title report or copy of the current deed from the county recorder to confirm names and ownership interests.
• For entities: request a certified corporate/LLC resolution or officer’s affidavit showing who can sign agreements.
• For trusts: request the trust certification or trustee’s affidavit showing the trustee’s authority to sell or list trust property.
• For powers of attorney: request a copy of the signed POA and, if necessary, a recorded or notarized document. Nevada’s power of attorney rules are in the Uniform Power of Attorney Act (see Nevada statutes linked below).

3. Use a clear, written listing agreement signed by all required parties

• Do not rely on verbal consent. Require a written listing agreement (brokerage contract) that names the property, the listing price or method for setting it, commission terms, and marketing authorization.
• Have every owner or every person with signatory authority sign the listing agreement. If anyone will sign by POA or as trustee/officer, have their capacity clearly printed and provide supporting documents.
• Make copies of the signed listing agreement available to all owners so everyone knows the realtor’s duties and marketing plan.

4. Communicate the marketing plan and timeline

• Share the marketing materials (photos, online listings, open-house plans) and get written confirmation (email is usually fine) from all owners before publishing.
• Agree in writing on who handles keys, access, and showing schedules. Keep a single point of contact for showings to reduce conflicts.

5. Resolve disagreements before marketing starts

• If owners cannot agree on a realtor, price, or terms, try mediation or a neutral third party first. Early mediation is cheaper and faster than litigation.
• Absent agreement, any co-owner generally may have remedies including court action. A judge can order sale or partition under Nevada law, but court proceedings take time and add costs.

6. Special situations to watch for

• Spouses and community property: If the property is community property, both spouses may need to sign; confirm marital status and title form.
• Probate, guardianship or conservatorship: If an owner is deceased or incapacitated, you may need authorization from the personal representative or conservator. Do not market until you have clear court or executor authority.
• HOA properties: If an HOA or other covenant requires approval before marketing or leasing, obtain any required approvals or disclosures.

7. Keep records and limit liability

• Keep signed documents, email approvals, and a copy of the title report together in one folder. This creates a paper trail if disputes arise.
• Ask the broker to confirm in writing that all signed owners authorized the listing, and keep that confirmation with the listing agreement.

Nevada law and practical links

• Nevada rules for real estate brokers and salespersons (licensing, listing agreements, agent duties): NRS Chapter 645.
• General rules on conveyances, deeds, and recording (useful when verifying title and owner names): NRS Chapter 111.
• Nevada’s Uniform Power of Attorney Act (if a POA signs for an owner): NRS Chapter 162A.

Bottom line: The safest path is to identify every person or entity with authority, verify that authority with supporting documents, and secure a signed listing agreement and written approvals from all required parties before marketing. If you cannot obtain unanimous written approval, seek mediation or legal advice before proceeding.

This information is educational and does not constitute legal advice. For specific legal questions about your property or to resolve a dispute between co-owners, consult a licensed Nevada attorney.

Helpful Hints

• Prepare a checklist: owner names as on title, copies of deed/title report, ID for signatories, POA/trust/corporate docs, and signed listing agreement.
• Ask the title company for a current preliminary title report early. It helps spot missing signatures and liens.
• Use plain-language cover memos that explain what each document does — trustees, officers, and attorneys-in-fact respond better to clear instructions.
• Get email confirmations from owners approving marketing materials and the listing agent; print and file them with the listing agreement.
• If a co-owner lives out of state or abroad, consider a notarized signature or a local notary who can verify identity before accepting the signature.
• If you expect conflicts, sign a short owners’ agreement about decision-making and dispute resolution before hiring the listing agent.
• When in doubt, pause marketing. Removing a listing later or fixing unauthorized marketing can be costly and harm sale prospects.