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Dueling Spouses, when you have a listing and neither spouse can see the goal.

By
Managing Real Estate Broker with Flexit Realty "Flexible Home Selling Solutions"

It seems to be happening more and more these days.  When the economy tanks so does marriages and there is more than enough blame to go around.

I have just listed a couple different properties were the spouses are tangled in an emotional battle.  They could care less if the home actually sells and for how much as long as their former spouse gets when things don't work outnothing!

What's wrong with this picture?  It is simple...emotions can make for a very good opportunity to start over turn ugly.  In the two cases I am representing they just can not see the value of co-operation.  So I had to take the time to meet with them independently to discuss the rules of my representation.  Yes I said rules.  I had to put it to them like a referee.

I thought of having them sit in a corner until they cleared their heads.  These are not kids but they are acting like a two year old.  The problem is...I understand.  I was divorced shortly after coming back from Vietnam.  I wasn't the same person that left when I came back.  My attitude, wants and desires had changed drastically.

Kids are the losersIn many cases these people should not have gotten married in the first place but that is not for me to judge.  The big factor is when kids are involved, they are the real losers.

So my job is to sell real estate and represent them in the process.  In most divorce cases one party is the controlling part when real estate is involved.  The divorce decrees offer clear cut direction on who is going to be the selling party.  Your listing of the property is no problem when you include and keep on file a copy of the divorce papers.

Luckily my feuding couple didn't have children (a blessing to the world) and were given equal custody of the property rights...what a dumb thing to do....so both have to sign and agree on sell price, listing time frames you know the drill.

So they are divorced but they cannot afford to live outside of the home they shared.  You guessed it..they are both living in the same house since the divorce!  This is a new one on me.  Neither wants to move because the other will change the locks and their possessions will be gone.  Right!  That never happens!

So the rules.

  1. I sell the house they help.
  2. We agree to a bottom line on the sell price.
  3. We co-operate with showings so they can move on with their lives.
  4. I communicate with them separately via email...each will get a CC: email on any communication so each knows what the other knows.
  5. I will contact both on showings and each has to make their section of the home ready for showings.
  6. They agree to sign all documents and meet for any offers...no matter what they are.  We can always counter offer.
  7. We agree that the sale rather than foreclosure or short sale will help them with their credit so they can buy another property.
  8. We agree to answer all calls the same day and within hours if possible.
  9. We agree that mutual co-operation with each other to sell is in each person's best interest.
  10. Any complaints are immediately brought to my attention, if anyone acts out like kids we terminate the contract and you find another Realtor.

They are in their mid 30's and both said, Gee you are acting like our parents.  I said, this is business, your are asking me to spend my time and money....If you want results you have to help.  Why should I have to spend money so you two can fight with each other and screw up your lives more than you already have at my expense!

They both looked wide eyed at me and then burst out laughing....Yup just like our parents.  I wrote these 10 little things up on a paper and had them sign and date it, giving them a copy.  So far so good.  It was worth the time to set the rules up front or I would have been wasting my time and money.

Have you ever become the referee?

Tony & Darcy Cannon
Aubrey and Associates Realty - Layton, UT
The C Team

Gary, great job, I love the way that you sat them down and told them how you were going to work for them!  I wonder about maturity issues in people of all ages!  Good post!

Aug 25, 2008 03:44 AM
June Piper-Brandon
Coldwell Banker Realty - Columbia, MD
Creating Generational Wealth Through Homeownership

Gary, great post!!  Can I use your list please?  And, you know the funny thing is I got divorced a couple years ago and I sold our home.  He wouldn't sell it to any of my former clients (the house was a fixer upper, perfect for some of my investor clients), he refused to agree to dual agency in case someone in my office would represent the buyer so I could benefit from it.  And, he insisted that his attorney approve any and all contracts because he thought I would write something in it that would benefit me.  And, to think he was a licensed agent too and should know that I am bound by the law and couldn't do that even if I had wanted to.  After it was all over with, his attorney commented to me how professionally I handled the entire transaction.  I looked at him and said, for this transaction my ex was just another client and that's what I told myself. 

Aug 25, 2008 04:17 AM
Kelly Sibilsky
Licensed Through Referral Connection, LTD. - Lake Zurich, IL

One of my most difficult listings was a divorcing couple...because they just couldn't see past the fact that hurting each other and not cooperating was only hurting themselves. They tend to want to put you in the middle of their fights...they want you to take sides and you just can't do that. You become their mediator as well as their real estate agent if you are not careful, but discussing your list with them (and making them both sign it) would help keep them focused on the goal...getting on with their lives as soon as possible.

Aug 25, 2008 08:08 AM
John Walters
Frank Rubi Real Estate - Slidell, LA
Licensed in Louisiana

Gary I will be listing a house real soon but the wife has a court order to sell the house by herself thank God.

Aug 25, 2008 08:30 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Gary, Divorce is one of the things we deal with frequently. I LOVE your list. Making that an addendum to the listing agreement is a very good idea. Everytime they get off track be sure to send it to them. Or just smack them upside the head:)

Aug 25, 2008 10:23 AM
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

I have been fortunate not to have found myself in this situation yet, but this is a great list should that ever happen.  Thanks for taking the time to post this.  It will prove helpful to many, I am sure.

Aug 25, 2008 11:54 AM
Ray Saenz
Exit Realty Laredo - Laredo, TX
Homes for Sale in Laredo, TX - Texas, Realtor

Gary,
Later on they will call you the expert on Real Estate Divorces, just kidding, but it is true, I have seen some of this around. :) good blog.
Ray Saenz

 

Aug 25, 2008 05:49 PM
Daniel Wexler
ReMax - Fountain Hills, AZ

great list, i am sure we will all run across this not so uncommon situation if we are lucky enough to have enough lisitng appointments

Aug 26, 2008 05:52 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Vickie, it works for me....but as you know you have to do what works best for you.  I think they like my grey hair so they listen.  Little do they know I earned every grey hair I have with clients like them!  Thanks for the comments Vickie.

Aug 26, 2008 07:13 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Tim, if you do not express how you must work to help them the situation will spiral out of control before you know.  If they say no thanks and move-on what have you lost?  A big headache.  People feel comfortable if you are fair, upfront and reasonable.  Thanks for the comments Tim.

Aug 26, 2008 07:16 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Tony & Darcy, it seems to me that the only way you can help in these emotional situations (having been their, unfortunately) is to just lay your cards out and see if they are willing to work with you on fair even terms for both of them.  If you can not your are in for a difficult listing and may never be able to help either of them.  After all isn't that our goal to help them reach their goal?  Thanks for the comments Tony & Darcy.

Aug 26, 2008 07:19 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi June, you are more than welcome to use the list.  It is odd how the divorce process turns people into mush brains....I resembled that remark too at one point in my life.  Thanks for sharing June.  It does help to have someone involved in the transaction that is capable of keeping an eye on the goal.  Thanks for the comments June.  :-)

Aug 26, 2008 07:23 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Kelly, this list is my way of keeping focus of the goal.  It makes them realize that I will not take sides....I sell houses and I still can like both of them and for each on their own.  Thanks for the comments Kelly.

Aug 26, 2008 07:25 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi John, I have one of those right now...but the ex still wants to dictate what she does.  That just ended.....she had the court tell him to bug off....or else.  Thanks for the comments John.

Aug 26, 2008 07:27 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Bryant, I actually tell them that when they start going away from our list I'll remind them.  All I have  to say is "remember our list?"  It works great...can't say I never had the thought past my mind of smacking them up side the head!  Thanks for the comments Bryant.

Aug 26, 2008 07:29 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Susan, it works for me...but adapting what works best for you and others is why we do this.  Thanks for the comments Susan.

Aug 26, 2008 07:30 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Ray, this is one area I could use a little armor for every once in awhile!  Thanks for the comments Ray.

Aug 26, 2008 07:38 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Daniel, you will find that using a list like this takes a lot of pain out of this type of listing.  Thanks for the comments Daniel.

Aug 26, 2008 07:39 AM
M. Suzi Woods (Gravenstuk)
NOW Sharing the life and spice of the GC one day at a time - Grand Canyon, AZ
Suzi Woods, Prior Independent REBroker in MS

Do you have a list for spouses buying houses?

Sep 05, 2008 03:16 PM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!

Hi Suzi, I do have a needs and wants list.  I give them separate lists and have them fill it out.  Then we blend the two lists to get as many common features and benefits as we can.  I find the buyers are always surprised what the other person put on their list.  I use my company logo and created the list on Windows Publisher.  Thanks for the comments Suzi.

Sep 06, 2008 12:48 AM