Friday, May 17, 2013

What is a Real-Estate Special Commissioner and when do you need one in a Family Law case?

By Jessica M. Cotter, Esq.

A Real-Estate Special Commissioner is a licensed real estate agent or broker that is appointed by the court to place a house on the market and sell the property.  This appointment is made pursuant to rule 95G of the Arizona Rules of Family Law Procedure.  To be considered for appointment the agent or broker must be licensed in Arizona for three years and complete an online orientation.  In addition they must have errors and omissions insurance and will be evaluated by the court on how they handle the matter.  The Real-Estate Special Commissioner is paid by commission from the sale of the property that they are appointed to sell.

A Real-Estate Special Commissioner is needed when there is a house to be sold and neither party in a Dissolution matter know a real-estate agent to sell the martial residence or the parties cannot agree on a real-estate agent because they do not trust one another, or one is related to the proposed agent.  Another basis for the appointment of a Real-Estate Special Commissioner is when one of the parties remains in the martial residence and is interfering with the sale of the house by not allowing prospective buyers to view the house or not keeping the house presentable for sale resulting in a major delay in the sale of the property.   Pursuant to rule 95G the Real-Estate Special Commissioner may file directly with the court to resolve these types of issues without the necessity of attempting to resolve the issues through attorneys for the parties.

Please consult your local family law attorney if you feel that you have a need for the appointment of a Real Estate Special Commissioner. 

The Law Firm of Jessica M. Cotter, Esq.
18301 North 79th Ave.
Suite F-168
Glendale, AZ 85308

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