This section is from the book "Practical Real Estate Methods For Broker, Operator & Owner", by Thirty Experts. Also available from Amazon: Practical Real Estate Methods for Broker, Operator, Owner.
There are many persons acting in a representative capacity, such as executors, trustees and attorneys in fact, who derive their title through wills, trust deeds or powers of attorney. It is remarkable how many of these persons offer property without first consulting competent legal counsel, only to find out, when all negotiations have ended satisfactorily, that the individual has no right or power to sell, and the broker's labors have been in vain. It should be ascertained at the outset whether such power to sell exists and whether the terms of the will or other instrument involved are legal and sufficiently explicit to effect the sale and prevent litigation; this, of course, should be ascertained by the owner.