Have a real estate-related question? Char Austin, Realtor®, CDRE™ has the answer. Check out these FAQs and give us a call today for more information!
This should be the first question to consider. Divorce property sales are unique because two separate parties may want two completely different outcomes for the family home. Ideally, your relationship with your former spouse is amicable, but that is not often the case and you two just might not be operating on the same wavelength. Your real estate agent must be able to work under pressure and act as a neutral third party. Have they had any specific training or certifications in divorce real estate? Do they work alone or have a team of professionals to help guide you through the process?
Keep in mind that just because an agent has listed and sold a home in a divorce situation before does not necessarily make them an expert. It’s important to find a team player, someone who can be sensitive to your needs and can handle the possibility of high-conflict situations, not just someone who can sell a house no matter how painful the circumstances.
No matter your situation, your real estate agent needs to be professional and prepared—a neutral third party, “mediator” as well as a broker. Let them know what your relationship with your former partner is like and ask them how they’ve handled these situations.
Your realtor should not make your situation any more stressful than it already is, but the fact of the matter is that not every real estate agent out there has what it takes to manage a divorce property sale successfully. They mustn’t add fuel to the fire by straying from their job as a neutral expert.
Your realtor should be able to expertly negotiate not only with a buyer’s agent but also with inspectors, contractors, and other involved parties. Their negotiating skills should be better than most and they should be able to negotiate without sharing unnecessary information about your circumstances. Ask what their track record is from list price to sell.
Good real estate agents keep things confidential. Not everyone needs to know that you and your spouse are divorcing or that the home being sold was a marital home. These details should be left out of negotiations as they are not pertinent to inspections, showings, or even the final sale. You and your former partner alone are entitled to share this information at your discretion.
In addition to being able to manage high-conflict relationships and follow the terms of a divorce settlement precisely, your agent should have experience cooperating with family law professionals. There are many moving parts to a divorce case, real estate just being one of the many pieces of the picture. Your agent must focus on getting your house sold and not advising you in areas beyond their expertise. They should also only communicate with your family law attorney when necessary, making sure to respect their hourly fees.
Expect an expert in divorce real estate to ask a lot of questions to get the whole picture. The last thing you want is a surprise down the road. Ask them their view regarding a possible pre-inspection to see if there are any issues to address before listing.
How would they handle empty rooms, missing furniture, deferred maintenance, and other details that will affect a home’s showing and selling potential? And if these issues do come up, who is going to be held responsible for resolving them? Divorce decrees usually outline how much money is to be spent on home repairs and where this money should come from, and your real estate agent should understand and abide by the decree in place and have a plan in place for managing problems that aren’t explicitly laid out in the decree (i.e. going over budget, items not addressed in the decree).
Listing a home in a divorce situation isn’t as cut and dry as it is in a partnership sale. It’s important to ask how your agent plans to meet and communicate with all parties involved and what their specific protocol is for communication. You need a team player, not someone who’s going to make decisions without consulting everyone. An agent needs to understand all details of the sale such as who holds the title, loan details, how net proceeds will be distributed as well as the age of the children, if applicable.
You should be looking for someone who can sell your home for the most amount of money in the least amount of time. This, of course, is easier said than done, but a knowledgeable Realtor is a start.
Your agent should know everything there is to know about your neighborhood, they need to understand the nuances of the area and be able to translate their expertise to potential buyers. They should be well-versed in the area’s real estate market, schools, transportation options, and other neighborhood amenities.
Your agent must ask you to review your divorce decree and more importantly, understand what is written. The last thing you want is to move forward with the sale of your home only to find out this is not what the judge had ordered. Ask what their timeline is for every detail of the transaction. This should be spelled out. Also, note what kind of research they have done on the home during their listing presentation. They should be well-versed in the area and have a solid sales and marketing plan for you. As is always the case when you’re looking to sell a property, you should hire an agent who can price your home accurately.
If the agent you’re considering checks all these boxes so far, go ahead and ask them for references or past clients you can call to ask about their experiences. Ideally, divorce clients. These references can tell you whether the agent in question was qualified to take on their sale—whether their home was accurately priced, how the Realtor navigated the complexities of the divorce, their ability to mediate, etc. The more references they can give you, the more comfortable you can feel making an informed decision.
Maybe you just want to get a Fair Market Value of the home, but don’t want to move. It’s imperative that your agent is a team player and knows how to bring in a lender who is also well-versed in divorce transactions. Together, you will be able to identify all your options moving forward. Once the numbers are identified, it’s a more streamlined process. Since your realtor should be acting as a neutral third party, they should not ever be working as a dual agent as this would hinder the process. How would you feel if he or she was out showing your old property while trying to sell the family home? This is never a good idea.
Polk County, IA
Dallas County, IA
Madison County. IA
Licensed to Sell in Iowa
Each Office is Independently Owned and Operated
License #S67783000
Saturdays and Sundays by Appointment Only
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