2023 Edition: The Top Five Mistakes Realtors Make in Divorce Listings

Ilumni Institute

We help Realtors build a successful business in Divorce Real Estate.

Phone: (909) 460-0900 | Email: [email protected]

Mistake #1: Take a Listing with Just One Spouse

• Listing the property can be a violation of the court order.
• The listing agreement can be rendered void.
• In most states, you only need one owner's signature to list a property, but not in a divorce listing.
• Even if only one spouse is on title, the house is usually ruled marital or community property.
• Having a listing agreement with one party and relying on the other's cooperation is wishful thinking.

Mistake #2: Compromise Neutrality

• Providing commission kickbacks, facilitating a straw buyer, withholding material information are extreme examples.
• To ensure neutrality, communicate equally with both parties and avoid bias.
• Rotate who you call first so both spouses feel equally important.
• Breaching neutrality can create roadblocks preventing the sale from moving forward.

Mistake #3: Failure to Understand the Power of the Court

• During an active divorce case, the court can dictate many things.
• It can order parties to sign paperwork, remove one party from the residence, etc.
• Obtaining these orders is the lawyers' job, but in extreme situations, people can be evicted.
• Realtors must understand the different playbook required for divorce listings.