Who Must Sign a Listing Agreement in Real Estate?
Before listing a property for sale, it’s critical to ensure that the correct legal owners sign the listing agreement. Not everyone who wants to sell a home is legally authorized to do so. The required signatures depend on how the property is titled and what form of ownership is recorded.
Why Verifying Ownership Matters
Incorrect or missing signatures can cause major issues, including rejected listings, delayed closings, title defects, and legal disputes. FSBO sellers and flat-fee MLS users especially need to understand who is allowed to authorize the listing.
Below are the major ownership types and exactly who must sign the listing agreement for each.
1. Sole Ownership
Definition: One individual owns 100% of the property.
Who signs? The sole owner.
This is the simplest ownership structure. Only the titled owner is required to sign.
2. Joint Tenancy With Right of Survivorship
Definition: Two or more people own equal shares with survivorship rights.
Who signs? All living joint tenants must sign.
A joint tenant cannot sign on behalf of the others. All owners must agree to list the property.
3. Tenancy in Common
Definition: Two or more owners hold fractional interests (not necessarily equal).
Who signs? All owners, regardless of percentage ownership.
No single TIC owner may unilaterally list the property.
4. Community Property (Where Applicable)
Definition: Property acquired during marriage is jointly owned in community property states. To learn more, see What Is Community Property in Real Estate?
Who signs? Both spouses, even if only one appears on the deed.
This applies in states like California, Texas, Arizona, Nevada, and others.
5. Life Estate and Remainderman Interests
Definition: A life tenant has the right to occupy or use the property for life; ownership passes to the remainderman afterward.
Who signs?
- Life tenant must sign the listing agreement.
- Remainderman may also need to sign depending on the state and transaction type.
This is common when elderly owners transfer future interest to heirs.
6. Trust Ownership
Who signs? The trustee — not the beneficiary.
Trust documents may require:
- One trustee to sign
- Multiple co-trustees to sign
- A majority vote (less common)
Always confirm authority through the trust or certificate of trust.
7. LLC or Corporate Ownership
Who signs? The authorized officer or manager listed in the LLC operating agreement or corporate documents.
You may need to confirm:
- Articles of organization
- Operating agreement
- Resolution authorizing the sale
8. Probate or Estate Ownership
When the property owner has passed away, the home may be part of a probate estate.
Who signs? The court-appointed personal representative, executor, or administrator — not the heirs.
Without official court documentation, a listing agreement cannot be legally executed.
9. Divorce or Legal Separation
If both spouses are on title, both must sign the listing agreement unless a court order says otherwise.
Even if only one spouse is occupying the home, their signature alone is not enough.
Why This Matters for FSBO Sellers
Understanding ownership signatures helps prevent:
- Delays in listing activation
- Title objections during escrow
- Disputes among co-owners
- Invalid listings that cannot be enforced
Listing through Brokerless ensures the MLS paperwork is reviewed for accuracy before submission.
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