Guardianship & court-appointed sales
I’m listed on the New York State Office of Court Administration’s Part 36 fiduciary list as a real estate broker, fiduciary ID #335494, eligible for appointment in Kings, Queens, New York, Nassau and Suffolk counties.
When a guardian is appointed for an incapacitated person, the real property usually has to be dealt with — sold to fund care, sold because it can no longer be maintained, or sold because the guardianship is winding up. That sale has features an ordinary listing doesn’t.
The property is often occupied, sometimes by the incapacitated person and sometimes by a relative with no legal right to be there. Condition is frequently poor and occasionally severe. Records are incomplete. The guardian has a fiduciary duty and a court looking over their shoulder, which means every decision has to be defensible on the record, not merely reasonable in the moment. And the timeline is driven by the court and by care costs, not by the market.
A broker who has never done one will discover all of this on your file, at your expense. I’ve done them. I know what has to go into the record, what the court will want to see about exposure to the market, and how to sell an occupied property without creating a second problem.
Whether I’m retained by the guardian, a receiver, a public administrator, or under a court order, the engagement states scope, fee and reporting obligations in a form that survives review. I’m familiar with the compensation approval process and the filing that has to happen within thirty days of appointment before any fee over $500 is approved.
Before a price, an honest read on what’s actually there: occupancy status, condition, deferred maintenance, code and violation exposure, what can be shown and what can’t. Photo-documented, because six months from now somebody will ask.
As-is value, value after specified remediation, the cost and time of that remediation, and expected exposure time for each path. Guardians need to be able to show the court why they chose the path they chose.
Full market exposure through the MLS systems, professional photography and floor plans, and a documented showing history — because “we exposed it to the market properly” is a factual claim the court may test.
Periodic written reports on activity, feedback, offers and pricing. Written to be attached to something, not just read and deleted.
On marketability, exposure time, condition-adjusted saleability, and how the market responded. I’m an active practitioner, which on those questions makes me a better witness than a desk valuation.
Both happen. Most often a guardian, receiver, or Public Administrator retains me as a secondary appointee and the court approves the retention. Being on the Part 36 list matters because appointments are supposed to be made from it — going off-list requires a written good-cause finding.
Usually yes, and it changes the strategy rather than ending it. Occupied sales price differently, attract a different buyer pool, and need the occupancy status disclosed accurately and early. What I won’t do is market it as vacant and let the problem surface at contract.
That’s a normal week. The decision is whether remediation earns more than it costs, and that’s an arithmetic question I can answer for you in writing so the guardian has something to show for the choice. I have contractors and cleanout crews I’ve used for years, and no financial interest in any of them.
Depends on approval structure more than on the market. Where court approval of a sale is required, build in that step and plan the marketing around it rather than discovering the delay after you have a buyer. I’ll give you a realistic timeline at the outset, including the parts I don’t control.
Commission is stated in the listing agreement and is subject to whatever approval the court requires. Where a written valuation or consulting work is needed without a listing, that’s a flat fee quoted in advance. Fees are negotiable and not set by law.
Court-facing work is judged on how it reads afterward.
Diallo is an excellent realtor who consistently provides phenomenal service to my clients and to me. He is efficient, dedicated, and a pleasure to deal with.
Diallo took over the renovation and sale of our parents’ properties and carried through even past the final sale and continued making necessary contacts in order to finalize unforeseen administrative details.
He assisted me in preparation for each step in the transaction very professionally, courteously, and in an informative and helpful manner. In the end, he went beyond his normal function to help me.
Call me before the listing decision, not after. Five minutes at the start usually saves a month later, and I don’t charge for the conversation.
