Q: I represent a seller who is looking to sell their condominium unit. The unit is owned jointly by a mother and her daughter. If more than one person owns the condominium unit, is there a requirement that both unit owners sign the listing agreement?
A: Yes. Every owner of a property must sign the listing agreement. A real estate broker is prohibited from offering a property for sale or lease without first obtaining the authorization of the owner. Accordingly, if there are two owners of the property, then you must obtain the authorization of both owners.
Important Tip: A real estate broker should always seek to confirm who owns the property. It is also prudent for a real estate broker to incorporate representations into their listing agreements whereby the seller represents that they are the owner of the property with the full right, power and authority to sell the property.
Neil B. Garfinkel
REBNY Broker Counsel
Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP