Detailed Answer

Before you publicly market a property in Ohio, confirm who legally must agree to hire the realtor and list the property. Follow these steps so the listing is enforceable, avoids delays, and reduces the risk of later disputes.

1. Identify legal owners and decision-makers

Start by determining who holds legal title and who has the authority to act. Common scenarios include:

• Individual owners listed on the deed (joint tenants or tenants in common).
• An owner that is an entity (LLC, corporation) — check the operating agreement or corporate resolutions for who can sign.
• A trustee acting for a trust, or an executor/administrator for an estate.
• An agent acting under a durable power of attorney (POA).

Run a title search or request a current title report from a title company to confirm the recorded owners and any recorded liens or encumbrances.

2. Review the documents that control authority

Gather and read the documents that may limit or grant authority to list and sell the property: the deed, trust instrument, will, LLC operating agreement, corporate bylaws/resolutions, POA, mortgage(s), and any homeowners’ association (HOA) covenants. These documents tell you who must approve a listing and whether signed consent from all owners is required.

3. Confirm authority to sign the listing agreement

Under Ohio real estate practice, the listing agreement should be signed by whoever has legal authority to sell or to list the property. If an owner will not or cannot sign, you need clear legal authority from a governing document or a court order.

Ohio law regulates real estate brokers and listing relationships; see Ohio Revised Code Chapter 4735 for broker licensing and conduct requirements: https://codes.ohio.gov/ohio-revised-code/chapter-4735.

4. Get written, signed consent from required parties

Practical steps to obtain approval:

1. Provide a copy of the proposed listing agreement and any seller’s disclosure forms to each owner or authorized signatory.
2. Ask for a dated, signed copy of the listing agreement from each required signer. If an agent (POA, trustee, executor) signs, obtain proof of their authority (the POA or letters testamentary/letters of authority issued by the probate court).
3. If a corporate or LLC owner is involved, obtain a corporate resolution or certified document showing the person signing is authorized.

5. If owners disagree, use alternative solutions before marketing

If one or more owners refuse to approve the listing:

• Try negotiation or a buyout of the objecting owner’s share.
• Consider mediation to resolve the dispute quickly and preserve value.
• If resolution fails, a partition action may be necessary. In Ohio, partition and partition sales are governed by Ohio Revised Code Chapter 5307: https://codes.ohio.gov/ohio-revised-code/chapter-5307. A court can order sale of the property over an owner’s objection, but that process takes time and expenses.

6. Special situations: trusts, estates, POAs, and entities

Trustee: Review the trust instrument to confirm the trustee has power to sell and to hire agents. If unclear, trustees often obtain a court order or rely on an attorney’s opinion letter.

Executor/Administrator: If the property is part of a probate estate, the probate court may need to approve a sale or grant authority to market and sell the real property. See Ohio probate rules and the relevant chapter of the Revised Code for fiduciary duties: https://codes.ohio.gov/ohio-revised-code/chapter-2113.

Power of Attorney: Make sure the POA document expressly authorizes real estate transactions and that it is still valid. Get a notarized copy of the POA and confirm it has not been revoked.

7. Clean up title items that can block a sale

Before marketing, address liens, judgments, unpaid taxes, and HOA violations. Work with the title company and lender(s) to get payoff statements and lien releases. Clearing these issues prevents surprises under contract.

8. Use clear, written processes for marketing and offers

Decide and document how you will handle offers, counteroffers, and acceptance when more than one owner is involved (for example, require unanimous written consent to accept an offer). Put these rules in a short written agreement among the owners or in the listing instructions.

When to consult an attorney

Consult an Ohio attorney if any of the following apply:

• There is disagreement between co-owners about listing or selling.
• Authority is unclear (trust language, corporate documents, POA scope).
• There are significant liens, complex title defects, or unresolved probate issues.

Helpful Hints

• Always obtain signed, dated listing agreements from every required signer before you market the property.
• Ask the title company for a current preliminary title report early—this reveals recorded owners, mortgages, liens, and easements.
• Collect documentation of authority (POA, letters testamentary, corporate resolution) and keep copies with the listing file.
• If one owner is unreachable (incapacity or no contact), stop and seek legal advice rather than proceed without full documentation.
• Use mediation or a neutral third party to resolve owner disputes faster and less expensively than court.
• Be transparent with buyers: unresolved disputes about authority to sell may scare off buyers or cause financiers to refuse a mortgage.
• Keep lines of communication open among owners. A short written owners’ agreement about marketing strategy and offer handling prevents many disputes.