How do we choose a realtor when co-owners disagree about who to use? – North Carolina

Short Answer

In North Carolina, co-owners can choose a realtor by written agreement, but if they cannot agree, the practical leverage point is that any cotenant can file a partition case in Superior Court and ask the court to order a sale process. In many situations, the threat of a partition filing (and the costs that come with it) pushes co-owners to adopt a neutral selection method, such as interviewing multiple agents and choosing based on objective criteria. If one co-owner has paid taxes, insurance, or other carrying costs, that issue should be documented and addressed in the written sale agreement so it does not derail the listing decision.

Understanding the Problem

When North Carolina co-owners hold title as tenants in common or joint tenants and want to sell, a common sticking point is: can the co-owners pick a realtor if one side refuses the other side’s preferred agent? The decision point is whether the co-owners can reach a clear, written process for selecting the listing agent and setting the listing terms (price strategy, repairs, showings, and commission) without filing a partition action. If agreement fails, the legal backstop is a partition case in Superior Court, which can result in the property being divided or sold through a court-ordered process.

Apply the Law

North Carolina partition law gives any cotenant the right to ask the Superior Court to partition property. The court must choose a method of partition, which can include an actual division of the land, a sale, or a combination approach. In practice, when co-owners cannot agree on basic sale decisions (including who to list with), a partition filing can move the dispute into a structured process where the court can order a partition method and, if appropriate, a sale rather than continued co-ownership.

Key Requirements

Cotenancy interest: The person pushing for a forced solution must be a tenant in common or joint tenant (or a proper representative of a cotenant) with a present ownership interest.
All co-owners joined and served: A partition case requires that all cotenants be made parties so the court can enter orders that bind everyone’s interests.
Court-ordered method of partition: If the case is filed, the court must select the partition method, and a sale is generally tied to a showing that an actual division would cause “substantial injury” to one or more parties.

What the Statutes Say

N.C. Gen. Stat. § 46A-21 (Who may file; who must be joined) – Allows a cotenant to petition for partition in Superior Court and requires joining all cotenants.
N.C. Gen. Stat. § 46A-26 (Methods of partition) – Requires the court to choose a partition method and prevents forcing continued cotenancy over objection.
N.C. Gen. Stat. § 46A-75 (Sale in lieu of actual partition) – Sets the standard for when the court may order a partition sale, including the “substantial injury” requirement and required findings.

Analysis

Apply the Rule to the Facts: The facts describe co-owners who want to avoid a partition case by agreeing to list and sell with a mutually acceptable realtor, but they disagree on which realtor to use. Because any cotenant can file a partition petition in North Carolina Superior Court, the inability to agree on a realtor is often a sign that the co-owners need a written decision process (or risk a court case that can lead to a court-ordered partition method, including a sale if the legal standard is met). The fact that one side has paid taxes and insurance matters because unresolved reimbursement disputes frequently block cooperation unless the parties agree in writing on how those expenses will be handled at closing.

Process & Timing

Who files: Any cotenant (tenant in common or joint tenant). Where: North Carolina Superior Court in the county where the property is located. What: A partition petition that identifies the property and joins all cotenants and other interested parties as required. When: There is no “realtor selection” deadline in the statute; the practical timing issue is that delay can increase carrying costs and deepen disputes.
Early case stage: The court addresses parties, interests, and the method of partition to be ordered. If a sale is requested, the party seeking a sale generally must prove that an actual division would cause substantial injury under the statutory standard.
Outcome stage: If the court orders a sale, the case proceeds under court supervision toward a sale process and distribution of proceeds, with disputes about shares or competing claims potentially addressed without stopping the sale order in certain situations.

Exceptions & Pitfalls

No written selection method: Without a signed agreement, one side may claim the other side acted unilaterally, especially if an agent is hired without clear authority from all owners.
Listing agreement authority problems: Many listing agreements require signatures from all owners of record. If only one co-owner signs, the agent may not be able to market or convey clear authority to buyers, which can stall the sale.
Expense reimbursement fights: Taxes, insurance, HOA dues, and necessary repairs often become “who gets paid back” disputes. If the parties do not set a written rule for documentation and offsets at closing, the realtor decision can become a proxy battle over money.
Price and repair deadlocks: Even after picking a realtor, co-owners can still deadlock over list price, reductions, repairs, and accepting offers. A written plan should address decision rules for these items, not just the agent’s name.
Title or interest disputes: If ownership shares are disputed, the case can still move toward partition steps in certain circumstances, but the dispute can complicate negotiations and delay distributions.

Conclusion

North Carolina law does not provide a simple “tie-breaker” for choosing a realtor between co-owners; the workable solution is a written agreement that sets a neutral selection process and listing terms. If agreement fails, any cotenant can file a partition petition in Superior Court, and the court must choose a partition method, which can include a sale if the statutory standard is met. The most important next step is to sign a written listing-and-sale agreement that also addresses documented carrying-cost reimbursements before the property is listed.

Talk to a Partition Action Attorney

If co-owners cannot agree on a realtor or listing terms and a partition filing is becoming likely, our firm has experienced attorneys who can help explain options, draft a practical sale agreement, and protect timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.