This is a topic which can really be a roadblock in your probate real estate business success. For the most part over the last 28 years of my probate real estate business I have come across all kinds of estate attorneys, most a positive experience but many a negative. For whatever reason these attorneys feel they are there to handle the real estate for the estate not just the probate procedure. Even at the cost of more money some of these attorneys will want their agent to have the listing. It is my opinion they are looking after their possible interest rather then their client when they demand a certain agent. Why else would an estate attorney insist on the Estate using their agent over one (like me) who has more experience in probate real estate, a better team for probate sales and our costs are usually much less then these other agents they want to use. Remember I'm a selling agent not listing.
So To be fair.........
1. It could me just the fact they are comfortable with one particular agent (possible)
2. It could be their agent is their spouse or good friend from college (most of the time)
3. It could be their agent contributes to a charity of the estate attorneys choice (personal)
4. It could also be the estate attorney is receiving a referral (my opinion not fact)
Point is there could be many reasons. I come up against this all the time and unless the estate PR, Executor or Administrator demands using a agent of their choice and not the estate attorneys agent this is going to be a ongoing problem in earning the estates business. This is why most of the time my contract is signed either in buying with a purchase contract or in listing the property early in the process and most times before the PR is even approved to be the Executor or Administrator. I have a clause which deals with the estate attorney and works most of the time.
FACT: Most Estate Attorney will recommend 3 agents to an estate client when selling so they can be clear of stirring and not held accountable if something goes wrong. This approach is fair and agreeable to me but many attorneys only want their agent and this could be less beneficial to their estate client.
Now please don't read all this wrong. It's just a percentage of the business where I'm dealing with attorneys who have a different plan in place and will fight me. I just had a situation this past week so you tell me why an attorney would be doing this other than for possbile personal gain.
1. I had a verbal approval of a $600K offer for an estate which had been on the attorneys desk for 6 months and done without attorneys knowledge. The attorney would not return my call or email and her staff were rude and basically would not place me through to the attorney. My offer was All Cash, no commission and the Estate Administrator wanted it. At the same time the attorney was pushing her agent to list the property so we knew this was the reason, either for control or for something else ($). Finally I had my attorney call and email this estate attorney and she ignored him as well. When we let the administrator know all this we suggested we meet, sign the offer and move forward without her attorney as she was never going to receive the green-light as again this attorney had other plans (with her agent).
Now to be fair this estate attorney could have been protecting the estate seller from taking a wholesale offer and wanted to expose on the MLS for higher and maybe multiple offers. I have no problem with this as this would indicate this attorney was looking out after her client. How I counter this is if the estate (Seller) would prefer to expose the estate home to the MLS for a possible better offer than I will list for close to half the regular commission. Remember I don't want listings as I double end 90% of those I do list so I would have picked up a good fee by doing this and if another agent sold it that was ok as I had a shot and earned something while providing great service. We were saving the estate over $10,000 by allowing my team to handle the listing and sale.
Now factor in this ($) savings backed by 28 years of probate real estate, 500+ probate closings, Letters of Recommendation from other Estate Attorneys, Executors and Administrators and my own personal estate attorney assisting WHY WOULD this not be enough for this Attorney? I think we all know the answer and I have had to deal with this for 28 years. This Attorney did not even interview who would be the best agent to represent her client she just ignored our offer, requests to list and the sellers wishes. When I pushed the administrator to just sign my offer, backed with a MLS 30 day contingency to find a possible better offer and at less costs the attorney made her move and had her list with her agent.
This is not an isolated case folks. This happens all the time. I have asked my attorney if we can make formal complaints against these attorneys who do this but there is really no evidence of why they are doing this so it's probably just a waste of time legally so we don't.
What I will do is send this Administrator my complete program (if they haven't signed yet), a net sheet and listing agreement showing the savings and if she is paying more she is losing money Plus that I only need 14 Days to do this. This will throw a left curve to this attorney and her agent as this Good Old Boy mentally has to stop as it's costing estates (my business anyway) thousands of dollars they don't have to pay. Remember (you listings agents lol) that my business is bringing purchase contracts to the estate based on what they want to do (options) NOT taking listings unless this is what the estate wants. Then it's just a matter of who is the better candidate for the listing based on experience, costs, recommendations and strategy.
I teach how we handle this in my coaching program. If you are interested in learning more about probate Real Estate and how I closed over $12M in probate homes in 2015 and carried over another $3M in business for 2016 then reach out to me.
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