When family members cannot agree, real estate dealings turn from simple transactions into minefields. Itâ€™s the same with divorce â€“ if there is no agreement, there can ultimately be no sale. And all too often the agent ends up being the bad guy in these scenarios â€“ not the sellers. Then you have three adversaries, not two.
You want a win-win scenario â€“ one based on compromise for both parties so that each party has given up their ideal position and has settled on a lesser, but good solution both can agree on. Choosing a Realtor is simply the first step â€“ if the two parties canâ€™t even agree at this level, there will be no foundation for any agreement going forward. This is not just about a real estate transaction â€“ it is about the lives of the executors going forward. If either person feels they were run over during any part of the process, ill feelings could grow into resentments that will affect the relationship for years to come.
There is good advice below and I concur with Brian â€“ here is what Iâ€™d recommend:
1. It appears both parties have a preferred Realtor â€“ agree up front that neither Realtor will be the agent of choice â€“ regardless of their connection to either party. Set them both aside and move on.
2. Have each party prepare a short list of Realtors â€“ use a web-based service such as HomeGain.com or AgentMachine.com to identify potential local Realtors.
3. Interview at least three Realtors TOGETHER â€“ come to consensus as to which Realtor both individuals can both agree on â€“ just make sure that whoever is chosen has experience with estates.
4. If there is still no agreement on a Realtor after using this process, then look to bringing in a professional mediator to help. If there is no agreement up front, the â€˜loserâ€™ will more than likely â€“ either purposefully of even unintentionally â€“ sabotage the transaction at key points along the way trying to â€˜second-guessâ€™ the other party and their intentions. Win-win will turn to lose-lose and it could be very ugly each step of the way.
Lastly, keep in mind that there will be more parties involved than just the executors: there will be unsuspecting buyers who will be paying hard-earned money up front for inspections and appraisals, two Realtors with commissions at stake â€¦ if everything goes south because the executors canâ€™t agree â€¦