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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption