December 2025
Scenario: You receive a call from someone saying their parent or relative just passed away and they need to sell the house quickly to settle the estate. What should you do?
Pause and Ask Questions
Confirm that the potential client has the legal ability to enter into a listing agreement to sell the property. Being named in a will or listed as an heir does not automatically give someone the authority to sell.
Some questions to help you:
- Has a personal representative been officially appointed by the probate court?
- Do they have court documents showing their appointment as executor?
- Have they consulted with an attorney about the estate?
- How is the property titled?
Consult with your managing principal broker for advice if needed.
Listen for Warning Signs
- As you talk to the potential client, listen for signs that they need legal advice before you can proceed with a listing agreement:
- Probate has not been filed yet.
- The death was very recent.
- They say they are executor of the estate but have not been to court.
- There are multiple heirs.
- They have not consulted with or retained an attorney.
Recommend Legal Counsel
When warning signs appear, you should pause the process and recommend that the potential client consult an attorney. This due diligence will help you avoid a potential invalid agreement, a complicated closing, or a liability risk.
Know Your Role
As a broker or principal broker, your responsibility is to recognize when questions about legal authority arise and recommend legal counsel when appropriate. Before entering into any listing agreement, verify that proper authority to sell the property has been established. When in doubt, always err on the side of recommending legal counsel.