Allen Markel, REALTOR® · Texas Premier Realty

Selling

How do two owners who disagree choose one listing agent and one price?

Answered by Allen Markel, REALTOR®, Texas Premier Realty ·

Short answer

Start with the same facts. Both owners review the same market analysis, agree in writing on a price range, an agent, and a list of the terms, and sign the listing together. If they cannot agree, the options are mediation or, in a divorce, the court. In a Texas divorce, the court can refer the case to mediation, and it can also order temporary measures such as appointing a receiver to preserve property (Family Code Secs. 6.602, 6.502). I describe the sale process; I do not decide the dispute.

The most useful step is to give both owners exactly the same information at the same time: the same comparable sales, the same estimated net sheet, and the same written proposal from each agent they interview. Disagreements about price usually shrink when both people see the actual sold prices of nearby homes and a net-proceeds estimate at several prices, because the question becomes what each price means in dollars and days.

Then agree in writing on a few decisions: which agent, the starting list price, when to reduce it if there are no offers, minimum acceptable terms, who handles showings, and who receives updates. Both should be included in messages and offers. For a homestead, both spouses need to join in the sale anyway (Family Code Sec. 5.001), so the listing agreement and every counteroffer should be signed by both.

The Texas REALTORS listing agreement is the form I use for that; I am not able to read Texas REALTORS forms because they are member-only, so the form number here comes from Allen's own form library.

In a divorce, the court can refer the suit to mediation on the parties' written agreement or on its own motion (Family Code Sec. 6.602). A mediated settlement agreement that meets the statute's requirements is binding. While a case is pending, the court can also issue temporary orders, including awarding one spouse sole occupancy or appointing a receiver to preserve and protect property (Sec. 6.502(a)).

For co-owners who are not married, or for heirs, the options differ, and an attorney should advise. I do not represent one owner against the other. If I am hired to list, I work for the owners' agreed direction and make sure both receive the same information.

If you are stuck on price specifically, I can prepare a market analysis that both of you can read and can walk you through it together or separately, on the same day, with the same numbers. In every case, keep decisions in writing and copy both owners, so that nothing important is agreed by one person and disputed later.

Common follow-up questions

Can one owner hire a listing agent alone?

For a homestead, a sale needs both spouses' joinder under Family Code Sec. 5.001. Practically, both should sign the listing agreement. Ask your attorney about your title.

Who decides the list price if we disagree?

The owners do, together, or the court if the divorce is pending and the parties cannot agree. A shared market analysis and net sheet usually narrow the gap.

Can mediation help with the sale?

Yes. Family Code Sec. 6.602 lets a court refer a divorce to mediation, and a properly signed mediated settlement agreement is binding.

Sources

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