Finding a Realtor During a Divorce in Arizona
“We are divorcing and selling our jointly-owned marital residence. My husband is calling all of the shots, insisting on using the Realtor that he chose. I don’t know what’s happening, and have ideas that I want to be heard.” Technically, only one party is required to sign the listing agreement, which is an employment agreement between the Realtor and owner, but it is best if both of you are on board. Signing a one-party listing agreement can create problems and bind you to many things, including paying a commission.
Also, make sure that you understand the Court’s dissolution injunction order, before moving forward with putting the house up for sale. Many decisions need to be made when selling your home. This can be challenging when you’re also facing a divorce. Odds are, you are in conflict with your spouse, to begin with, and making joint decisions may be difficult. Unfortunately, the Realtor may feel uncomfortable and caught in the middle. He or she may not know how, or not want to deal with the conflict or gravitate towards one party to avoid the conflict.
Your Realtor’s Responsibility to You During a Divorce in Arizona
A Realtor has a fiduciary responsibility to both parties. They are working for both of you and should treat you fairly and equally. You should have trust and confidence that your agent is working in the best interests of both of you. You both have legal rights when it comes to making decisions about listing, marketing and selling the property, and those rights should be respected. Try directly working issues out with your spouse. Sometimes your Realtor may have solutions. Also, both of you should jointly interview and agree on an agent.
Hopefully, you can come to an agreement. If not, speak with your attorney about possible solutions. Here are some tips to finding a Realtor during divorce. Does the agent:
*Have experience in working in the divorce realm?
*Have a communication plan for times of conflict?
*Have a plan that will give both of you a voice?
*Have a neutral relationship with both parties?
It is best to use a neutral third-party Realtor, one that does not have a bias towards either of you. For example, a friend or relative, while perhaps offering to save you money, may, in the long run, create problems due to an inherent bias. Relationships change in divorce and can become very emotional. Listing your home for sale and negotiating the sale is challenging in and of itself. You will have peace of mind if you have the right agent. Take your time and ask lots of questions. Remember, this person is working for you and with you, and you need to trust what they are doing. © Copyright cckllc2017
For additional tips on selling your marital residence during a divorce, please call: Chris Carter-Kent, CLHMS, RESC, RCS-D Your Transition Concierge Realty Executives 480-388-0662 ChrisCarterKent@gmail.com www.ChrisCarterKent.com.
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