To be legally binding, a listing agreement can be signed for the owner by the

An attorney-in-fact is an agent who has been granted legal authority to act on behalf of another person (the principal) through a written document called a power of attorney. If this document specifically grants the power to engage in real estate transactions, the attorney-in-fact can legally sign a listing agreement for the owner. This signature creates a legally binding contract, as the attorney-in-fact is acting within the scope of their designated authority. This is a common and legally recognized practice for property owners who are unable to handle their affairs directly.

A. A broker cannot sign the listing agreement for the owner based on verbal instructions; this lacks the formal, written legal authority required to bind the owner.

B. The trustee, who holds legal title to the property, has the authority to sign contracts for the trust, not the beneficiary who merely receives the benefits.

C. Heirs apparent have no legal rights or authority over an owner's property while the owner is alive; their interest is only an expectancy.

1. Massachusetts General Laws, Chapter 201B, Uniform Durable Power of Attorney Act. This statute governs the creation and scope of powers of attorney in Massachusetts. Section 201 specifically lists "real property transactions" as a power that can be granted to an attorney-in-fact, thereby authorizing them to enter into agreements like listings. (M.G.L. c. 201B, § 201(1)).

2. Massachusetts Board of Registration of Real Estate Brokers and Salespersons, 254 CMR 3.00: Professional Standards of Practice. Section 3.00(9)(a) mandates that a broker shall not offer property for sale without a written agreement from the seller. This implicitly requires the signatory for the seller to have the legal authority to bind them to the contract, a role fulfilled by a duly appointed attorney-in-fact.

3. French, W. B., & Siedel, G. J. (2016). Real Estate Law (10th ed.). Cengage Learning. In chapters discussing agency and contracts, the text clarifies that an agency relationship for real estate matters can be created by a power of attorney, giving the agent (attorney-in-fact) the authority to sign contracts on behalf of the principal (owner). (See Chapter 6: Agency and Brokerage).