What Is a Real Estate Special Commissioner — and What Are They Not?
Divorce is difficult enough. Selling a home during a divorce can become even more complicated—especially when the parties cannot agree on how the property should be prepared, priced, marketed, or sold. Oftentimes, the parties have very different interests and objectives. One party may want to hold out for the best and highest possible price, while the other may want to sell the property as quickly as possible—often because they need their share of the proceeds so they can move forward with their life. Unfortunately, there are also situations where one party does not want the property sold at all and may resist, delay, or even attempt to sabotage the sale.
That is where a Real Estate Special Commissioner (RESC) may come in.
In Arizona, a Real Estate Special Commissioner is a licensed real estate professional who may be appointed by the Court to assist with the sale of real property.
What Does a Real Estate Special Commissioner Do?
The RESC is essentially a real estate professional working under the authority and direction of the Court's Order of Appointment of Real Estate Special Commissioner.
Under this Order, the RESC will establish a list price, make recommendations for preparing the home for sale, coordinate photography and showings, market the property, communicate with both parties, evaluate offers, negotiate the transaction, coordinate inspections and repairs, and help move the property through escrow and closing.
The purpose is to keep the real estate transaction moving forward, even when the parties themselves are having difficulty reaching agreement.
While RESCs are most commonly appointed in Family Court matters, they may also be appointed in other court matters when real property needs to be sold.
What Is a Real Estate Special Commissioner NOT?
The title can be confusing.
A Real Estate Special Commissioner is not the judge and is not the same thing as a judicial commissioner employed by the Court.
A Real Estate Special Commissioner cannot automatically sign for one party, nor can the RESC simply make unilateral decisions on behalf of the parties. In fact, neither party nor the RESC can unilaterally make decisions outside the authority specifically provided by the Court's Order.
I often describe the Real Estate Special Commissioner as a conduit of communication between the two parties—someone who helps the parties understand the real estate issues, communicate effectively, get on the same page, and keep the sale of the home moving forward.
When the parties cannot reach an agreement on an issue that requires their agreement and the RESC does not have authority under the Court's Order to resolve it, the RESC's responsibility is to request a hearing so the judge can consider the dispute and provide direction or resolve the issue.
The RESC is a licensed real estate professional. Under the listing agreement—which is an employment agreement—the RESC represents the sellers and has professional and fiduciary duties to them. At the same time, when appointed as a Real Estate Special Commissioner, the RESC also has duties and responsibilities established by the Court's Order of Appointment.
Understanding the distinction between these responsibilities is extremely important.
A Court Order may appear to be written in black and white, but real estate transactions are not always black and white. Situations arise during the listing and sale that may not fit neatly within the language of the Order. An experienced RESC needs to understand the scope of the appointment, the duties owed to the parties as clients, and what to do when a real-world real estate issue creates a situation that is not specifically addressed by the Order.
The RESC is also not the parties' attorney and does not replace legal counsel. When an issue requires a legal or judicial determination outside the RESC's authority, that issue may need to be referred to the attorneys or brought back before the Court.
In short, the RESC does not decide the divorce or resolve the parties' underlying legal disputes. The RESC's role is to professionally manage the real estate transaction and move the property toward a successful sale in accordance with the Court's Order.
My Experience as a Real Estate Special Commissioner
My experience in divorce real estate began long before I became a Real Estate Special Commissioner.
After going through a contentious divorce myself, I became a divorce concierge in 2010, helping clients prepare for their divorce journey. In 2013, I added my Arizona real estate license and later became a trained mediator. Those experiences provided me with an understanding of not only real estate, but also the communication, conflict, and practical challenges that can arise when a home must be sold during a divorce.
In 2007, as part of my divorce, I was required to sell my own home. We had listed the property with a luxury Realtor®, but it was not selling. As you may remember, this was during the housing crash. Ultimately, a Real Estate Special Commissioner was appointed by the Court to handle the sale.
That experience, which was less than optimal, ultimately helped shape the work I do today.
I work diligently to give both parties a voice—because you deserve a voice. I explain the real estate process and the complications that can arise during a real estate transaction. I also explain the Court's Order and your rights and responsibilities under that Order.
And we follow that Court Order.
But real estate is not always black and white. Sometimes situations arise that fall into a shade of gray. When that happens, we can go to the judge for direction, or we can choose to work toward resolving the issue outside of Court.
As a Real Estate Special Commissioner, I have worked with parties who disagree about virtually every aspect of a sale—from access to the property and necessary repairs to pricing, showings, offers, inspections, buyer requests, and closing.
My responsibility is to understand both sides of the transaction, follow the Court's Order, fulfill my professional responsibilities as a Realtor®, and keep the real estate process moving forward.
Sometimes that means solving problems. Sometimes it means delivering information neither party particularly wants to hear. And sometimes it means returning to Court when an issue cannot be resolved within the authority granted to me.
The objective remains the same: protect the integrity of the real estate transaction, obtain appropriate market exposure, and move the property toward a successful sale while following the Court's Order.
Chris Carter Kent, Realtor®
Real Estate Special Commissioner
Compass
ChrisCarterKent.com | 480-388-0662 | [email protected]
