Questions to Ask Your Seller at the Listing Appointment
Oct 15, 2026 | Realtor Resources | Share:
Most agents know to tell the title company about red flags, such as a divorce or an estate sale, as early as possible. Some of these situations come up naturally at the listing appointment, while others don’t. A seller may not realize that a deceased parent’s name on the deed affects the sale, and some sellers may be hesitant to mention a bankruptcy or a contested divorce at all. In either case, an agent can only pass along what they know.
Before closing, the title company needs to confirm that the people selling the property have the right to sell it. Land records show who holds title, but they don’t always reflect what has happened in the owners’ lives since they bought the property. A death, a divorce, or a bankruptcy can change who needs to sign and what documents are required, and many of these situations never appear in the land records the title search relies on.
But homeowners don’t always connect these changes to selling their home. “Real property touches so many areas of a person’s life that people don’t think about,” Erin McConatha, attorney and title underwriter at South Oak Title and Closing, says. “For example, the average person might not think a bankruptcy would affect their sale.”
A seller’s circumstances aren’t always apparent from the conversation, the home, or the price point, so the most reliable approach is to ask every seller the same questions. When clients know these are routine questions for every listing, they’re easier to answer, and sellers who might otherwise hesitate have a natural opening to share. The answers help you confirm who has the right to sell, learn about anything that could limit or delay the sale, and find out whether the seller will be ready for closing day.
"Is anyone else listed as an owner of this property?"
Every owner listed on the deed has to be part of the sale. If someone on title isn’t participating, the title company will need to find out why. Documents such as a death certificate, divorce decree, or power of attorney can explain why an owner isn’t signing or show who has authority to sign on their behalf. Without that documentation, the buyer may not receive full ownership of the property, and the title company may not be able to insure it.
One easy way to verify the owners is by reviewing the seller's most recent property tax bill. “Look at who is listed on the tax bill, and then compare that to who is signing the contract,” McConatha says. The tax bill may also show that the property is owned by an LLC, a trust, or another entity, which means the title company will need documents showing who has the authority to sign.
McConatha also sees contracts where an owner’s name has been crossed out or left off entirely. “Removing a name from the contract doesn’t remove that person from the transaction,” she says. “If they’re on the deed, we still need them.”
Tax bills won’t show everything, but if the names on the bill don’t match the names on the contract, let the title company know. It can review the tax records and tell you whether anything else is needed from the seller.
"Has anything changed for any of the owners since the property was purchased?"
Deaths, divorces, marriages, and name changes can all affect who has the right to sell a property, but most of them never appear in the public records a title search relies on. “Divorces and decedents’ estates aren’t recorded in land records, and land records are what we search,” McConatha explains. A broad question about whether anything has changed gives the seller room to mention any of these situations without being asked about each one directly. If the answer seems incomplete, a more direct follow-up may help.
Some situations call for documents like a divorce decree or death certificate, and others may require a court order, which takes time to obtain. When these documents first appear at the closing table, there’s little time to review them. If something doesn’t line up, such as a decree that doesn’t address the property or a missing signature from an heir, the closing can’t move forward until the issue is resolved.
"Is this family property?"
Family property may be prone to gaps in the chain of title. For example, a family may have agreed that when their father passed away, the house would go to the children to share. If that understanding was never formalized through a deed or the probate process, their father may still be the owner on record. Before the property can be sold, the title company will need documentation showing who inherited it, which may require settling the estate. The question also helps confirm whether the person signing owns the property or is acting on behalf of someone else, such as an estate.
McConatha recalls a file where a son shared his father’s name. “The son signed the contract, and we were well into the transaction before we learned that the property belonged to his father, who had passed away.” On paper, the contract and the address both looked correct. A question about family ownership at the listing appointment might have brought the issue to light earlier.
"Have you filed for bankruptcy while you've owned this property?"
A seller with an open bankruptcy case needs approval from the bankruptcy court before the sale can close. “Court approval can take a long time,” says Fanny Johnson, a title underwriter at South Oak Title and Closing. “Sometimes a seller believes their case was dismissed, but if the case hasn’t been closed, the sale has to wait.”
Because bankruptcy is a sensitive topic, many sellers are reluctant to raise it on their own. “Sellers can understandably feel embarrassed about a bankruptcy, and when I was an agent, I never would have thought to ask about it,” Johnson says. “But an agent can simply explain that the title company verifies bankruptcies on every file.” Framing it as a standard check takes the pressure off and gives the seller a chance to share early so that the court approval process can start.
McConatha encourages agents to reassure sellers that an open bankruptcy case doesn’t have to stop a sale, as long as the title company learns about it early enough to request the court’s approval. “Bankruptcy happens, and it’s nothing to be embarrassed about,” she says. “We can work through it, but we need to know about it up front.”
"Do you have any travel planned between now and closing?"
“We regularly see sellers list their home, go under contract, and then leave the country without making arrangements for closing,” McConatha says. “Planning around a closing date may seem obvious, but missed arrangements happen more often than you might expect.”
A seller who will be out of town at closing still has options, but they take planning, and the title company needs time to arrange them. A quick question at listing, and a reminder once the property goes under contract, can keep a vacation or work trip from delaying the closing date.
"Is there a mortgage on the property?"
Fraudsters often target vacant land and properties without a mortgage, and South Oak now requires additional identity verification for these sales. “For vacant land, and now for any property without a mortgage payoff, we require sellers to verify their identity online by submitting a photo of their driver’s license and a selfie,” McConatha explains.
The process is simple for sellers who are comfortable with technology, but older sellers may need help. “Most sellers have found the process easy to complete, but some older sellers have needed extra assistance,” McConatha says. If you know at listing that the property is owned free and clear, you can tell the seller to expect the request and offer help if they need it.
Sharing Information With Your Title Company
The answers to these questions are only helpful if they reach the title company. A title search starts with the purchase agreement and public land records, so details like a recent divorce or an open bankruptcy case often surface only when an agent shares them. A few practical habits can help you pass that information along early enough to act on it.
Share what you've learned, even if you're not sure if it matters.
You don’t need to determine whether something is a problem before you bring it to the title company’s attention. If an answer seems unusual, or if it adds context that wouldn’t be clear from reading the purchase agreement, share it and let the title company determine what’s needed. Questions are welcome as well. “I appreciate getting those questions in advance,” McConatha says. “If you think something may be a problem, or you aren’t sure, reach out, and we’re happy to take a look.”
Share information early.
The best time to share information with the title company is when you list the property, or as soon as you learn about a situation. Early information gives the title company more time to research an issue and identify what’s needed to resolve it. That time matters most when the solution depends on a court, an attorney, or another outside party. In some cases, the title company may recommend ordering a preliminary title report so potential issues come to light before the property goes under contract.
Share copies of documentation.
Copies of documents the seller already has let the title company start its review right away, rather than waiting until the documents are requested or brought to closing. Depending on the situation, that may include a divorce decree, a death certificate, or the case number and court information for a bankruptcy. A divorce decree, for example, shows how the property was divided, so the title company can confirm early whether it needs anything more, such as a deed from the former spouse.
Other answers from the listing conversation may call for additional documents. If the property is owned by an LLC or a trust, the title company will need documents showing who has the authority to sign on its behalf. A recent marriage or name change may require a record that connects the seller’s current name to the name on the deed, and a power of attorney should be shared well before closing so the title company can review and approve it. If the seller doesn’t have a document on hand, a request at listing gives them a head start on ordering certified copies from the court or agency that issued them.
Read what the title company sends you.
Communication goes both ways. The preliminary title report and title commitment are the title company’s main way of telling you what it found, so read both carefully on every transaction, especially a complicated one.
These documents also act as a second layer of protection. Even after a thorough listing conversation, something may slip through, and reading the commitment can bring it back to mind. An owner listed on the commitment may not match the people signing the contract, or a name may remind you of something the seller mentioned in passing. “We include everything we know in the commitment,” McConatha explains. “We’re working from land records, so we may not know about a divorce or a parent who passed away. If what you see doesn’t match what you know about the seller, let us know.”
Read the email that comes with the commitment as carefully as the commitment itself. “If something needs attention before closing, we note it on the commitment and also include it in the email so it doesn’t get missed,” Johnson says.
Most title issues are easier to resolve when they come to light early in the transaction, while there’s still time to address them. Some listings will raise more than one at once. An estate sale where the owner has passed away and one of the heirs is going through a bankruptcy can sound overwhelming at a listing appointment, but transactions like that can still close smoothly. Each issue has a path to resolution, whether that’s a court order, additional documents, or arrangements for an heir to sign from out of state.
These transactions are most stressful when issues surface late, after the time needed to work through each one has already passed. A few minutes at the listing appointment can change that. When the same questions are part of every listing, sellers hear them as a normal step in preparing to sell, and the title company has what it needs to plan ahead.
If you’ve learned something at a listing appointment and aren’t sure whether it matters, South Oak is happy to take a look. Reach out to your local South Oak location with questions about your listing. You can also order a preliminary title report to identify potential issues before the property goes under contract, or schedule a closing today.
This article is provided for general informational purposes only and is not intended as legal advice. As a title company, South Oak Title and Closing serves as a neutral party in real estate transactions and does not represent the buyer or the seller. Every transaction is different, and the information above may not apply to every situation. Buyers, sellers, and agents are encouraged to consult their own attorney to determine their rights and responsibilities.