W
hen a divorcing couple sells their marital home, it can be a complex and emotionally charged process for real estate professionals involved. To navigate these situations effectively, agents must understand the terms of the sale as dictated by the divorce agreement and communicate efficiently with both parties to ensure they have the same information.

    As discussed in part one, it's essential to respect and investigate both parties' interests, even when they may not align. When clients sign a listing agreement, they should be aware that all information will be shared equally and decisions regarding the sale will require input from each spouse. If an impasse arises, contacting the attorneys and other professionals involved is necessary to give clients the best possible chance to make decisions that protect both their interests.

    The REALTOR Code of Ethics requires agents to treat all parties honestly, even when clients have conflicting ideas about selling the marital home. This can create challenges for agents who must navigate these scenarios to best protect the interests of both clients.

    Scenario 1: Conflicting Demands

    One party wants only qualified buyers and no open houses, while the other wants an open house every weekend and constant social media content posted of the home. The agent should present both scenarios to each party, weighing the pros and cons of each approach. If a compromise cannot be reached, consulting the attorneys representing each party can provide valuable insights into finding a solution.

    Scenario 2: Price Reduction Disagreement

    The marital home has been on the market for a month with no viable offers. One party wants a price reduction soon while the other thinks it's best to wait and hold another open house. The agent should follow the mechanism outlined in the separation agreement or be extremely specific about why a reduction is necessary.

    Scenario 3: Disagreement on Offers

    An offer has come two weeks after listing the marital home, but it's not at full asking price. One party wants to accept the offer and move forward with the sale, while the other suggests waiting for better offers. The agent should communicate with the attorneys and provide them with all relevant information before attempting to bridge the gap.

    In difficult situations like these, effective communication with both sides is crucial. Presenting the pros and cons of each situation helps navigate challenging times. Divorcing parties are often in an emotional state, making clear, consistent communication with lawyers and all involved essential. Protecting and promoting the interests of both parties remains the top priority.