Who Has Authority to Sell the Property?

Connection Is Not Always Authority

A person may live in a home, pay the loan, pay taxes, get association mail, or keep the keys. Those facts show a real link to the home.

They do not always show the legal right to sell. The right to sign can depend on deeds, other records, court matters, and who owns the home.

• Living in the property describes possession or residence.
• Paying expenses describes who handles certain costs.
• Managing the property describes practical responsibility.
• Being named on one record gives one piece of information.
• Owning an interest and having authority to sign are legal questions that may require professional review.

When Authority May Need Closer Review

These facts do not always stop a sale. They may mean the records need close review before anyone signs.

• More than one person appears on ownership records.
• One owner has died.
• A trust may own the property.
• An estate or probate matter is involved.
• A power of attorney may be used.
• An LLC or corporation appears as owner.
• An owner is under guardianship.
• Divorce or separation affects ownership or signing.
• Bankruptcy may affect control of the property.
• Names differ across records.
• The person managing the home is not clearly shown as an owner.
• A court order may affect authority.

One Record Rarely Tells the Whole Story

An expert may ask for several records. Each one may serve a different purpose.

• current deed and prior deed;
• trust documents or a trust certificate when applicable;
• will, death certificate, and probate court records;
• letters of administration;
• power-of-attorney documents;
• guardianship order;
• divorce judgment or marital settlement agreement;
• bankruptcy case information;
• entity formation and authority records;
• operating agreement or corporate resolution;
• title commitment or court order.

This lesson does not say which record controls. Do not upload private records here or to the AI Professor.

Different Questions Belong With Different Offices

• Florida real estate attorney: reviews legal authority, deeds, trusts, estates, powers of attorney, court orders, guardianship, divorce, bankruptcy, entity documents, and homestead questions.
• Title or closing professional: reviews the current title search, names, recorded documents, and title requirements.
• County clerk or official-record system: provides access to recorded documents and copies. The office does not give legal advice.
• Sunbiz: provides public Florida entity filings. A filing alone does not prove authority to sell the property.
• Probate or court clerk: provides available public case records and certified-copy procedures. The clerk does not interpret the case.

The Full Record Matters

Paying the Fees Does Not Answer the Authority Question

A South Florida woman says she can sell her late mother’s condominium. She has the keys and pays the monthly fees.

The deed may still show the mother’s name. A will may exist. Probate may be open, closed, or not started. Association records may list the daughter as the contact.

Mortgage or tax records may show another name. Each fact adds detail, but none settles the signing question by itself.

Possession does not prove authority. Paying expenses does not prove authority. Association contact status does not prove authority. A will alone may not answer every current question.

Build the Seller Ownership and Authority File

Use the file to sort known facts and open questions. It does not prove who owns the home or who may sign.

• property address or identifier;
• names shown on each record;
• record type, date, and source;
• known owner status;
• open authority question;
• missing document;
• professional or office to contact;
• review status and next step.

Keep private records off this public lesson. Write down only what you need for your own notes.

Questions That Move the Review Forward

Check the Main Idea

This is not a test. No grades. Take your time.

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