Introduction

Home sales are always stressful, but a divorcing couple’s inability to fully cooperate often brings stress levels to new heights. Couples who are best able to cooperate share the largest amount of money.

What is a Realtor/Facilitator?

This term is used to better explain the role of an experienced realtor in the divorce process. Realtors do more than just sell houses; they facilitate cooperation between divorcing couples and their respective attorneys. Cooperation will reduce stress levels and promote more advantageous terms.

Realtors perform the following important functions:

Setting the Price – A realtor will propose an asking price and marketing plan based on his or her neutral, independent expert assessment without prejudice against you or your spouse. Both sides can trust the realtor as his or her loyalties are non-partisan.  Trust means cooperation. Cooperation means more money faster.

          Ask Yourself: Without a neutral expert, will you and your spouse, and your spouse’s attorney, all be in agreement? Who will propose the price? Will your spouse and his lawyer assume that you are trying to “get away with something?” Will this cost you unnecessary legal fees?

Preparing the House for Sale – Realtors are experts in suggesting cost-effective strategies to best show the house.  For example, curb appeal (first appearances from the street) is enhanced by low-cost debris removal, gardening, and maybe even some paint. Interior spaces are more attractive when clean and shiny, and they appear more spacious if uncluttered. Disagreements are bound to sabotage house preparation unless divorcing couples follow expert advice. 

          Ask Yourself: How much should be spent on what? Whose junk gets tossed? Who is responsible for doing what? Who pays for what? Will these disagreements cost you unnecessary legal fees?

          Divorce Tip: While a realtor can’t solve all these problems, a couple’s conflict can be diminished by the strength of a trusted expert. 

Advertising and Promoting the House – Realtors are savvy advertisers. Most listing agreements call for the realtor to pay for advertising, so they are experts in optimizing their return on investment. Also, they will post your home on the local MLS (multiple listing service).

          Ask Yourself: Can you agree with your spouse and spouse’s counsel on various advertising budgets and venues? Who will pay for what?

          Divorce Tip: Here again, when every issue goes through lawyers, expenses spike dramatically.

Showing the House – Realtors are experts at meeting prospective buyers and showing homes to pre-qualified prospects who meet certain mortgage qualification standards. Realtors know what to say and what not to say; their commission depends on it.

          Ask Yourself: Will you or your spouse always be available to take phone calls, pre-qualify buyers, and show the house? Will the “move-out” spouse be allowed back in the house, and if so, can he or she be trusted? Do you know what to say? Do you know what not to say, like “we’re getting a divorce?” In fact, many realtors suggest that the homeowner be absent from the first showing. Finally, do you really want unscreened strangers dropping by?

Executing a Purchase Agreement – Realtors understand the complicated legalese and can anticipate lawyers’ objections and concerns.

          Ask Yourself: Can you get a document executed that will be satisfactory to your spouse and his or her counsel? Will there be back and forth between your lawyer and your spouse’s lawyer costing you unnecessary legal fees?

Closing the Deal – A signed agreement is the beginning of another long process. The realtor often spearheads pre-closing tasks like working with the sellers to obtain documents and satisfying closing contingencies like termite inspection and remediation. Also, sellers are often required to obtain various approvals, such as building code certifications from the local authorities. Finally, realtors are expeditors; they keep lawyers on track, making sure all contingencies are addressed in a timely manner.

          Ask Yourself: Are you or your spouse prepared to take care of all these pre-closing details? Will your spouse and his counsel cooperate? Would a realtor/facilitator improve the chances of cooperation?  Unlike lawyers, realtors don’t get paid unless the deal closes, so they have a vested interest in making sure your house is sold.

          Divorce Tip: DIY (do-it-yourself) products often serve to empower people through knowledge and alternative resources, such as divorce ADR (alternative dispute resolution, e.g., mediation). However, home sales are often like contested divorces; professional help is essential.

Resources: See Selecting a Realtor/Facilitator (including an Interview Checklist)