Who Signs the Listing Agreement, Contract, or Deed in Florida?
Understanding who must sign real-estate documents is critical for a smooth closing. This guide summarizes Florida’s rules across common ownership types, estates, trusts, entities, and powers of attorney (POA) — so agents, sellers, and title professionals can avoid last-minute delays.
Why Getting Signatures Right Matters
Getting signatures wrong can stop a closing in its tracks. An incorrect signer can void a contract or deed, missing signatures can delay title insurance issuance, and improper handling of estates, trusts, or powers of attorney can require probate. Knowing in advance who must sign and under what circumstances helps prevent these costly issues.
Florida Property Ownership & Who Signs
The table below summarizes common ownership scenarios in Florida and who must sign the listing agreement, contract, or deed.
| How the Property Is Owned | If Owner Dies / Other Factors | Who Signs | Joinder (Spouse Required?) | Probate Needed? |
|---|---|---|---|---|
| Husband & Wife (Tenants by the Entirety) | One spouse dies | Surviving spouse | None | No |
| Husband & Wife (Tenants by the Entirety) | Both die | Legal heirs or will beneficiaries | None | Yes |
| Husband & Wife (Tenants by the Entirety) | Both alive | Both spouses | None | N/A |
| Single Person / Widow(er) | Owner dies | Heirs or beneficiaries (via Personal Representative) | Yes | Yes |
| Single Person / Widow(er) | Alive | Owner only | None | No |
| Trust | Trustee dies | Successor trustee(s) | Spouse may join | Generally no |
| Trust | Alive | Trustee(s) | None | No |
| Joint Tenants with Rights of Survivorship | One owner dies | Surviving owner | None | No |
| Joint Tenants with Rights of Survivorship | All alive | All owners | None | N/A |
| Tenants in Common | One owner dies | Remaining owners and decedent’s heirs or beneficiaries | Yes | Yes |
| Tenants in Common | All alive | All owners | Each owner’s spouse must join | N/A |
| “John Doe, a married man” | John dies | Surviving spouse and decedent’s heirs or beneficiaries | Yes | Yes |
| “John Doe, a married man” | Alive | John Doe | Spouse may need to join | N/A |
When the Property Is Owned by a Business or Entity
Entity-owned properties require specific officers or managers to sign. Always verify authority through company documents or recorded statements of authority.
| Entity Type | Who Signs | Requirements |
|---|---|---|
| Corporation (Florida) | President, CEO, Vice President, or authorized officer | Board resolution authorizing the signer |
| Limited Liability Company (Florida) | Manager or Authorized Member | Review Operating Agreement and recorded Statement of Authority |
| General Partnership (Florida) | General Partner | Review Partnership Agreement and any recorded limitations |
Durable Power of Attorney (POA) Scenarios
A Power of Attorney (POA) can authorize another person to act on behalf of an individual or entity, but it ends immediately upon the principal’s death. Below are typical signing rules.
| Principal Type | Is It Homestead? | Where POA Signed | What Makes It Valid | How Agent Should Sign |
|---|---|---|---|---|
| Individual (Florida) | Yes | Florida | Signed before 2 witnesses and a notary; must authorize sale or conveyance of real property | “Individual, by Agent, his/her attorney-in-fact” |
| Individual (Outside Florida) | Yes | Outside State | Must meet Florida witness/notary standards or comply with laws of the execution state | Same as above |
| Corporation or LLC as Agent | N/A | Any State | Entity must be in good standing and authorized by resolution | Authorized officer signs on behalf of the corporation |
| Trust or LLC/Corp Grantor | N/A | Any State | Generally cannot delegate trustee/manager/officer powers through POA | N/A |
Important Legal Notice
The information above is provided for educational purposes only and is not legal advice. Florida’s homestead, probate, intestacy, and trust laws are complex, and other factors may affect your situation. Always verify ownership through public records and consult a qualified attorney before signing or preparing real-estate documents.
Never list the seller as “Owner of Record.” Always confirm the actual name(s) on the most recent deed and compare them against the county tax roll.
Contact Barnes Walker
Our real-estate attorneys have decades of experience handling closings, probate-related sales, and trust-held properties throughout Florida.
Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC
3119 Manatee Ave. W., Bradenton, FL 34205
Phone: (941) 741-8224
Website: www.BarnesWalker.com
Contact Information:
Tel: 941-867-7818
Email: info@barneswalker.com
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