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Oh Geez, More Trouble!

By
Services for Real Estate Pros with Ward County Notary Services 607851

While 99% of the time Real Estate transactions go smoothly there is always that one where it's one thing or another popping up that makes us groan. The one that makes me nervous is:

"Hello, are you a Real Estate agent? I'd like you to sell my mother's house, she passed away last month. I live 1,000 miles away and I have never lived in the house. The home is located in the towns historic district."

A new agent is going to think "Hallelujah, Jackpot" but an experienced agent will think, oh boy".

Why the difference of opinion?

Estate sales can be fraught with peril. Here are some things to consider.

Is the caller truly the heir and the ONLY heir to the home.

If the caller has never lived in the home filling out the "Property Condition Statement" can be very tricky and can easily become a legal liability issue.

If the home is in a Historic District you need to find out in detail what modifications, if any, can be made to the home before listing it. It's also good to know what a potential Buyer can and can not do with the property.

As with any listing a title search is necessary as the caller may have no idea what liens may be against the title.

If the caller is legitimate they are going to be familiar with an estate attorney. It is important that you have permission to contact said attorney and in doing so will he/she be charging your new client for your phone calls.

These are a just a few things that come to mind. Make sure your broker is okay with this possible listing. If your broker is okay with the listing expect to put a lot of care into it, it's going to take a lot of attention. I should also say: make sure your E&O is up to date and adequate.

Posted by

Do you enjoy the cartoons written by my son (Timmothy N. Timm) which I use as a springboard to write my daily posts? His strip, Titus & Philemon, has run in two newspapers for years as well as being printed in my blog every day. Titus & Philemon (pronounced Phi - Lee -Man) are guinea pigs. Their owner is Joe. Timmothy has never repeated a joke/comic strip in the 12 years he has been writing it. He has never copied another strip, such as Peanuts or Garfield. You can follow Timmothy on FB as Titus & Philemon and you can also check him out on Instagram as Instagram.com/titus and philemon/ .For Timmothy's website type timmtimmothy.com into your browser. I tried to put it in a link here but it refuses to work. Do NOT put anything in front of timmtimmothy.com or it will not work. 

Comments(9)

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Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

The snowman inside the home has seemingly caused a lot of issues, especially since more than one strip has been dedicated to it, haha.

Jan 20, 2026 05:05 AM
Bob "RealMan" Timm

I'm surprised it's lasted this long too Brian England but I think the BEST is yet coming up tomorrow.

Jan 20, 2026 05:50 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Good morning! All good suggestions if dealing with an estate sale. Also, if the agent doesn't have experience doing such a thing, they should work with an agent that DOES have experience or refer the sale.

 

Jan 20, 2026 05:07 AM
Bob "RealMan" Timm

I agree Kat Palmiotti . The problem is rookie agents don't know what they don't know so they go for it.

Jan 20, 2026 05:49 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

First of all, it's against the code of ethics to represent a property in an area you are not familiar with. And what agent could be familiar with real estate 1,000 miles away? Or even 100 miles away. Probate/estate sales are a niche as our friend Kathleen Daniels, Probate & Trust Specialist can attest. Again, better not to take them on unless you are familiar with the probate process. Also a violation of the code of ethics if you take on business you don't know.

Jan 20, 2026 05:22 AM
Bob "RealMan" Timm

I agree completely yet when I was active I saw rookie agents take on listings like this at least a couple times a year Nina Hollander, Broker .

Jan 20, 2026 05:47 AM
Gwen Fowler SC Lakes & Mountains 864-710-4518
Gwen Fowler Real Estate, Inc - Walhalla, SC
Gwen Fowler Real Estate, Inc.

This is a very realistic scenario and a good reminder that experience changes how we evaluate opportunities.

Estate sales, especially with out of state heirs and historic properties, require extra diligence, patience, and clear communication. What looks simple on the surface often carries legal, disclosure, and title complications that can quickly escalate.

Your points reinforce the importance of slowing down, asking the right questions early, and involving the proper professionals. This is the kind of perspective newer agents benefit from hearing before they learn it the hard way.

Jan 20, 2026 06:05 AM
Bob "RealMan" Timm

Thank you Gwen Fowler SC Lakes & Mountains 864-710-4518 , Estate sales always were a challenge for me especially when several heirs are involved.

Jan 20, 2026 06:07 AM
Jeffrey DiMuria 321.223.6253 Waves Realty
Waves Realty - Melbourne, FL
Florida Space Coast Homes

Right now we have a scam going on. Scammers look up vacant lots with out of town owners. They call up saying they are the owner and want to sell the lot. I get 2-4 calls per week. SKANK

Jan 20, 2026 06:43 AM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

Jeffrey DiMuria 321.223.6253 Waves Realty we had a lot of that during the oil boom.

Jan 20, 2026 06:50 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Miss Nina Hollander, Broker and Bob "RealMan" Timm - I see it far too often - agents taking a probate listing, and they are clueless. Too bad for the perhaps unsuspecting person who hires them! 

Jan 20, 2026 06:54 AM
Bob "RealMan" Timm

Yes! I learned early on that an Estate sale can be a rough ride Kathleen Daniels, Probate & Trust Specialist .

Jan 20, 2026 10:30 AM
Lew Corcoran
Better Living Real Estate, LLC - East Bridgewater, MA
Expert guidance. Exceptional results.

What a sharp breakdown of the hidden twists that come with these calls, Bob "RealMan" Timm, and it hits close to home for anyone who’s handled estate listings. Your reminders about heirs, disclosures, and historic rules make the whole picture clearer, and it’s helpful to see it laid out with this kind of care. Thanks for sharing this insight, it sure gives the rest of us something to think about 🙂

Jan 20, 2026 07:39 AM
Bob "RealMan" Timm

Thank you for such high praise Lew Corcoran . 😊

Jan 20, 2026 10:29 AM
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

Good afternoon Bob. I can overcome the property disclosure statement issue but not before I have clear evidence the caller has the right and authority to list the property. I would also like to tour the property before I take the listing and discuss issues. No clarification on potential issues, "No thanks" is my final conversation. 

Jan 20, 2026 11:20 AM
Bob "RealMan" Timm

Yup, during our oil boom one had to do a lot of verification before taking a listing Wayne Martin .

 

BTW I see you have been having some weather. Starting Thursday morning we are going into the deep freeze with highs in the negative 20's for highs.

Jan 20, 2026 06:09 PM