A well-crafted order to sell can avoid the delay and expense of multiple trips back to court. Please note that if you move under Rule 67 for an order that the net proceeds of sale be deposited with the clerk of the court, you should check with your escrow officer first. Different clerks have slightly different preferences, and your escrow officer should know whether your draft is likely to be acceptable or might need a little modification. Feel free to adapt the following to suit your needs.
- Submission of Realtor Names:
a. Each party shall submit to the Court a list of three realtors, including their full names and reasons for selection, by ___________
b. The opposing party may respond to the proposed realtors by_____________________
c. The Court will select a realtor from those proposed by the parties on or before __________. - Property Listing:
a. The property with address _____________ shall be listed for sale for a period of one year, with the one year period to commence on the date the property is released to active status on the MLS.
b. The parties shall agree to a sales price and in the absence of agreement, shall select the list price recommended by the realtor.
c. Each party shall sign all documents necessary for the listing and sale of the property within one week of being presented with such a document. If a party does not sign within one week of presentment, then, the Clerk of Court is authorized to sign on behalf of the party that has not signed.
d. Any offers within 5% of the listing price and with terms commonly used in the sale of similar properties shall be accepted by both parties.
e. The net proceeds, after costs of sale, shall be divided % to Plaintiff and % to Defendant. OR
The net proceeds shall be deposited with the court clerk pending further order.
f. ___ shall pay all cost associated with the home until the time of sale, including mortgage, property, tax, utilities and HOA dues.
g. Both parties shall cooperate fully with the listing agent. Any failure to cooperate may result in a reallocation of the net proceeds.
IT IS SO ORDERED.
