How To Agree On Realtor During California Divorce

Tim: Right! So we have people that come to us not usually disagreeing. They know they have to get rid of the property one way or another.

It’s either to sell it, refinance it, or even someone staying in the home and keeping the current mortgage if they can’t refinance.

At least our clients, we’re doing more amicable style cases here as opposed to litigated cases. And they’re trying to work on it.

But sometimes they have questions like what are my options?

So I brought up some other slides here that I wanted to kind of just go over, see if this is going to cooperate. Go down and up, okay.

Connor: One of the things that we find and I know we’ll probably get through this further in the conversation but when somebody is looking for a Real Estate Agent to handle their Divorce, there has to be a clearly laid out plan.

And it has to involve rules, rules that cannot be broken or sacrifice by either party including a Real Estate Agent.

So these are actually written out rules. How are all the parties going to communicate?

How are they going to express themselves throughout the transaction? How are they going to come to an agreement?

Because it could be for example you put a property on the market and at a pre-agreed to price from both parties, let’s say $500,000. And then one of the party changes their mind and says, ‘We want more.’

Tim: Right.

Connor: So now we’re kind of stucked. So all of these things professional agents that know Divorce is going to have them written out.

And there’s going to be rules. And all parties have to sign it.

Tim: So you have specific agreement kind of between them?

Connor: Absolutely!

Tim: This is not a Real Estate form? This is something that you have them kind of –

Connor: Correct.

Tim: Which actually say, ‘This is what we agree to do.’

Connor: Absolutely!

Tim: Smart.

Connor: And even with the form, I mean ultimately, is going to hold up in court? Who knows? But at least it’s going to keep us out of harms way because on that form itself there are other methods that hold me accountable and my staff accountable too.

Tim: Right.

Connor: For example, in the attorney world and you were a cop for a long time and so on so as I, that Ex-Parte Communication, the party is going and speaking with one another outside of everybody else’s ears when they shouldn’t be not speaking with those other parties, we establish that on this form that we have that our client signed that that’s not to take place.

If we’re all in agreement, I can’t accept the phone call from one of the sellers because it’ll takes two to get Divorced, right?

Tim: Right.

Connor: You can’t accept the phone call without having the other party involved. Even if it’s to ask me something that seems very innocent.

Tim: It’ll take one thing for them to say, ‘Oh, you’re talking to my spouse!’ and that’s it.

Connor: Done, yes. ‘Oh, I thought we had this agreement.’ and without the agreement all that stuff is null and void.

Tim: Yes.

Connor: So that’s why we have it all established that on papers. So when we get to that point of process and it’s happened.

When somebody call, ‘Hey Connor, it’s Mr. Smith. I know you’re taking care of our Real Estate with regards to our house and our Divorce and such. But I just had a quick question.’

Well, Mrs. Smith now finds out that Mr. Smith talked to me. And I actually gave him an answer even something innocent that doesn’t have to do with anything, now that’s a violation of trust.

Tim: Right.

Connor: So it has to be put down