On a property with multiple owners, do all owners have to sign a listing agreement?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

On a property with multiple owners, do all owners have to sign a listing agreement?

My husband put his 2 daughters on the deed to his home when they were small children. They have now signed a listing agreement with an agent to list the home for sale without his agreement. Is this legal? Should a sale go

through is he legally responsible for paying the agent’s commission?

Asked on August 30, 2019 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Any sale cannot go through without his approval: all owners have to agree to a sale. So he can refuse the sale if he chooses. They can sign a contract with an agent without his approval, but the property/home cannot be sold or title transferred without his consent.
If he chooses to go through with the sale, the commisson will be paid from the proceeds, so in that sense he, as one of the owners, will have to pay it: the commission is taken from the money he'd otherwise share with the other owners. (I.e. if it's a 6% commission, 6% of the purchase price goes to pay the commission, meaning each of three owners gets 2% less). But again, he can refuse the sale if he chooses, and if does that, then since he did not enter into the contract, he will not have to pay anything (even if they have to pay something or reimburse costs the realtor incurred, since they signed the contract).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption