Is a court appointed real estate commissioner allowed to be the listing agent or is it a conflict of interest?

Due to divorce, a court appointed real estate commissioner to assist with sale of the marital residence. The commissioner listed the property with his real estate office and himself as the listing agent and subsequently used that office as the buyer’s agent as well. Now he is taking his court fee (2%) and the seller’s commission and his office is getting the buyer’s commission as well. Is it permitted that as an agent of the court he get both commissions or is there a conflict of interest here?

Asked on August 28, 2011 Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the person who has been appointed by court order as the real estate commissioner to assist with the sale of the home that is part of the marital community is allowed to be the listing and selling agent/brokerage or not, you need to carefully read the court order allowing this person's appointment.

In the end, the person appointed to assist in the sale will have to receive court approval for lisitng and selling the property as well. Personally there is always a conflict in representing the seller, buyer and being the appointed commissioner to assist in the sale, but if all parties sign documentation allowing the person's involvement, then the appointed person can act in all three capacities.

Good question.


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