Short Answer

Yes. In a North Carolina partition matter, broker selection should be neutral and aimed at maximizing value for all co-owners. If the other co-owner’s recommended agent is a relative, you can object and ask the Clerk of Superior Court (or an appointed commissioner) to approve a different, neutral broker or to set safeguards. The Clerk will weigh fairness, impartiality, and sale terms before approving a listing.

Understanding the Problem

In North Carolina partition cases, co-owners often must agree on selling a property and who will list it. You want to know if you can object when the other co-owner proposes a realtor who is their relative. This goes to whether you can insist on a neutral process when the sale and proceeds split are being worked out in a mediation before the Clerk of Superior Court.

Apply the Law

North Carolina partition proceedings are handled as special proceedings before the Clerk of Superior Court under Chapter 46A. If a sale is ordered, the Clerk typically appoints a commissioner to conduct the sale. Sales proceed under the Judicial Sales statutes, and the Clerk oversees key steps, including appointing the commissioner, approving the sale method, and confirming terms. The Clerk may order or approve mediation in matters before the Clerk to help parties agree on broker choice, listing terms, and sale logistics. Parties may object to a proposed broker if there is a conflict or the process risks unfairness or lower sale exposure.

Key Requirements

• Neutral sale process: The sales process must promote the best interest of all co-owners, with impartial decision-making and open-market exposure.
• Clerk oversight: The Clerk can appoint a commissioner, approve the sale method, and set conditions; the commissioner’s role is disinterested, and professionals engaged should not compromise neutrality.
• Grounds to object: A close family relationship between a party and the proposed broker can signal a risk of bias, dual agency concerns, or reduced market exposure—valid bases to seek a neutral broker or added safeguards.
• Forum and filings: Objections are raised in the partition special proceeding before the Clerk of Superior Court in the county where the property is located.
• Review/appeal: Orders of the Clerk in special proceedings may be appealed for a de novo hearing in Superior Court within a short window.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition Proceedings) – Governs partition cases, the Clerk’s role, commissioners, and partition by sale.
• North Carolina Gen. Stat. Chapter 1, Article 29A (Judicial Sales) – Procedures for sales conducted under court supervision, including notice and confirmation.
• G.S. 7A-38.3B (Mediation in Matters Before the Clerk) – Allows the Clerk to order mediation and use it to resolve issues like broker selection.
• G.S. 1-301.2 (Special Proceedings; Appeal from the Clerk) – Provides for de novo appeals to Superior Court from Clerk orders in special proceedings.

Analysis

Apply the Rule to the Facts: You and the other co-owner plan to mediate broker selection and sale terms. Because the suggested realtor is related to the other co-owner, you have a reasonable basis to object and request a neutral agent or conditions (e.g., no dual agency, robust marketing plan, standard commission, transparent reporting). If you cannot agree at mediation, you can ask the Clerk to appoint a commissioner and approve a neutral broker or impose safeguards to protect both sides.

Process & Timing

1. Who files: Objecting co-owner. Where: Clerk of Superior Court in the county where the property sits. What: In the partition special proceeding, file a motion/objection asking the Clerk to appoint a neutral commissioner and approve a neutral broker (or to approve specific listing safeguards). When: Raise the objection at or before mediation; if no agreement, file promptly so the Clerk can set a hearing before any listing is approved.
2. The Clerk will set a hearing, consider impartiality, marketing terms, and proposed commissions, and may appoint a commissioner and approve broker selection or set conditions. Timing varies by county but is typically weeks, not months.
3. After orders enter, the sale proceeds under judicial sale procedures. Any party may seek review by appealing the Clerk’s order for a de novo hearing in Superior Court within the statutory window.

Exceptions & Pitfalls

• If the property meets criteria for certain family-owned property procedures, the court may require an open-market listing with an independent broker and an appraisal; these extra steps can change how a broker is chosen.
• Avoid dual agency and limited marketing; ask the Clerk to prohibit dual agency, require MLS exposure, signage, online syndication, and periodic activity reports.
• Object early. Once a listing is signed and offers start, it is harder to unwind broker selection.

Talk to a Partition Action Attorney

If you’re navigating a partition sale and need a neutral broker or safeguards in the listing, our firm has attorneys who can help you understand your options and timelines. Call us today at .

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.