What Real Estate Special Commissioners Need from the Court

Timely Hearings, Clear Orders, and Judicial Oversight to Keep Court-Ordered Home Sales Moving Forward

Real Estate Special Commissioners are appointed to help facilitate the sale of real estate when parties are unable to cooperate or reach agreements. However, even the most experienced Special Commissioner cannot successfully navigate every dispute without timely assistance from the Court.

Real estate transactions operate under strict contractual deadlines. Buyers, lenders, title companies, and escrow officers cannot always wait weeks or months for disputes to be resolved.

To protect the parties' equity, preserve qualified buyers, and keep transactions moving forward, Real Estate Special Commissioners need three essential things from the Court.

1. Emergency Hearings — Within 1–3 Business Days

When a transaction is at risk of losing a buyer, time is critical.

Examples include:

A party refusing to sign closing documents.
A party refusing to vacate the property before closing.
A party interfering with inspections, appraisals, or other contractual obligations.
Disagreements regarding repairs or other conditions that threaten the closing.
A party refusing to cooperate with an accepted purchase contract.

In these situations, waiting several weeks for a hearing could result in losing the buyer, having to place the property back on the market, and potentially receiving a lower offer.

What we need: Access to emergency hearings, ideally within 1–3 business days, when a buyer or closing is in jeopardy.

2. Expedited Hearings — Within 30 Days

Not every dispute constitutes an emergency, but unresolved disagreements can significantly delay a sale and diminish the parties' equity.

Examples include:

Disagreements over listing prices or necessary price reductions.
A party repeatedly declining reasonable showing requests.
A party refusing to sign a listing agreement.
Disputes regarding necessary repairs or property preparation.
A party failing to comply with the Court's Order for Appointment.
Ongoing obstruction or lack of cooperation that prevents the sale from progressing.

A Special Commissioner is a neutral professional, not a judge. When the parties cannot agree, the Special Commissioner should be able to present the issue to the Court for resolution rather than make unilateral decisions.

What we need: Access to expedited hearings within 30 days to resolve disputes before they become emergencies.

3. Precise Verbiage in Court Orders, Rule 69 Agreements, and Decrees

One of the greatest challenges we face occurs when court orders lack the specificity needed to carry out a real estate transaction.

Orders should clearly address:

Listing and sale: Who will list the property, deadlines for listing, and the process if a party refuses to cooperate.
Refinancing or buyouts: Specific deadlines and what happens if a refinance or buyout is unsuccessful.
Property access and possession: Showing access, occupancy, vacating deadlines, and the process for obtaining possession or removal of an occupant when necessary.
Repairs and expenses: Who is responsible for mortgage payments, utilities, maintenance, and repairs pending closing.
Distribution of proceeds: Exactly how the net proceeds will be divided, including specific reimbursements, offsets, judgments, and other payments.
Escrow holdbacks: Clear instructions regarding disputed funds and when those funds may be released.
Authority to sign: The procedure for obtaining Court authorization, including Rule 89 relief when appropriate, if a party refuses to execute necessary documents.

Vague language creates confusion for the parties, the Special Commissioner, and particularly the title and escrow company responsible for disbursing the proceeds.

Title companies are increasingly cautious about interpreting decrees or assuming responsibility for disputed disbursements. Precise instructions can prevent unnecessary delays and additional hearings.

What we need: Clear, enforceable orders that anticipate common real estate issues, establish deadlines, and provide a defined process for resolving noncompliance.

The Bottom Line

The goal of a Real Estate Special Commissioner is not to bring every disagreement before the Court. Quite the opposite. Our role is to facilitate communication, help the parties reach agreements, and move the transaction toward a successful closing with as little Court intervention as possible.

But when cooperation breaks down, we need timely judicial oversight.

Emergency hearings within 3 business days. Expedited hearings within 30 days. Precise, actionable Court orders.

These three things can make the difference between a successful closing and a failed transaction, while helping protect the parties' equity and reducing unnecessary litigation.