Realtor Ad Litem

What is a realtor ad litem?

In divorces and partition actions, courts often order the sale of real property. Traditionally, one party selects a realtor — but that realtor is not a lawyer. When conflict arises, when a party refuses to cooperate, or when the process stalls, the court has no voice in the room. A party must file a motion, set a hearing, and hope the realtor can testify — which may require broker approval, and may never happen at all.

A Realtor Ad Litem solves this problem entirely.

A Realtor Ad Litem is a court-appointed real estate broker who is also a licensed attorney. This dual role is what makes the position uniquely effective — and what sets it apart from any traditional realtor appointment.

A Resource the Court Has Never Had Before

Judges in family law and partition matters are skilled at the law. They are not always equipped with a clear picture of what is happening with the property — who has access, what the market looks like, whether the parties are actually engaging, or what obstacles exist to a sale. A Realtor Ad Litem gives the court a trusted, informed voice it has never had before.

In an era of rising pro se litigation, where parties navigate complex cases without counsel, this matters even more. The Realtor Ad Litem does not represent either party — but the court and the parties both benefit from having someone in the room who understands both the law and the market.

The Problem with a Traditional Realtor

When a standard realtor is appointed in contested litigation, critical gaps emerge:

The realtor owes equal duties to both parties — but when conflict arises, those duties collide, and there is no clear resolution
The realtor has no mechanism to formally report to the court; they are not an officer of the court
If a party refuses to cooperate, the realtor has no legal authority to act — only the parties' attorneys can file motions and schedule hearings
The realtor may not be able to testify without broker approval
The realtor is unfamiliar with court procedures, examination, documentation standards, or how to present information to a judge effectively

The result: cases stall. Attorneys spend time and fees coordinating a process the realtor cannot control. Judges receive incomplete pictures of what is actually happening.

How a "Realtor Ad Litem" is Different

A Realtor Ad Litem carries the full authority of both roles — real estate professional and attorney — with a duty that runs not just to the parties, but to the court itself.

As a licensed attorney and officer of the court, the Realtor Ad Litem can:

File status reports directly with the court
Set case management conferences and hearings independently, without needing either party's attorney to act
Testify at hearings and trial without restriction
Appear at depositions
Inform the judge, in real time, of what is happening on the ground — who is cooperating, who is not, and what obstacles exist

As a licensed real estate broker, the Realtor Ad Litem:

Lists and markets the property for its highest and best value — just like any other sale
Provides a Broker Price Opinion (BPO) for residential property or a Broker Opinion of Value (BOV) for commercial property
Negotiates contracts with a focus on maximizing proceeds and minimizing liability
Manages access, showings, and all transaction details — even where court orders include customized provisions for conflict situations

Critically, the Realtor Ad Litem does not sign on behalf of the parties in the ordinary course. The property is listed and sold like any other listing. If a party refuses to execute closing documents, the court may authorize the Realtor Ad Litem to act — but that is the exception, not the rule.

No Upfront Fees

There are no upfront fees. The Realtor Ad Litem is compensated at closing, from the proceeds of the sale — just like any real estate commission. This makes the appointment accessible regardless of where the parties stand financially in the litigation.

Escrow Funds

In many contested matters, the parties are owed offsets, credits, or reimbursements that have not yet been resolved by the court. The Realtor Ad Litem can hold funds in escrow following closing, pending a final court order on distribution. This allows the asset to be sold — and the litigation to move forward — without waiting for every financial detail to be resolved first. The parties get the sale done. The court handles the accounting afterward.

Accountability

There is something powerful that happens when parties know their behavior will be documented and reported to the judge. Cooperation improves. Obstruction becomes costly. The Realtor Ad Litem's ability to file status reports creates a layer of accountability that simply does not exist when a standard realtor is involved.

Attorneys who appoint a Realtor Ad Litem report that it frees them from constant coordination, repeated calls, and emergency motions. The process moves. The case moves.

BROKER PRICED OPINIONS

TESTIMONY AT HEARINGS / STATUS REPORTS WITH COURT

mEET YOUR REALTOR AD LITEM

CHERYL-DENE SPRING, ESQ.

Cheryl-Dene Spring is a Florida attorney, Florida Supreme Court Certified Mediator, and licensed real estate broker with 15 years of practice. She began her career litigating family law matters — divorces, business disputes, high-conflict custody and asset cases — before pivoting her practice to real estate, title, and mediation. That background is exactly what the Realtor Ad Litem role demands.

She created the Realtor Ad Litem practice area because she saw, firsthand, how conflict derailed the sale of real property in litigation — and how no existing resource was bridging that gap.

Experience beyond Conflict

Florida Real Estate & Business Broker
Florida Real Estate Attorney
Title Agent for The Fund & Old Republic National Title
Closing Attorney
Florida Supreme Court Certified Mediator
Adjunct Faculty for Broward College - Florida Real Estate Sales Associate Course

Cheryl-Dene's ability to help parties through the sales process of their assets, is critical to reduce attorney fees, costs, and extended litigation. Her navigation of the sales process, aggressive negotiation skills, and marketing strategies will serve clients, owners, and trustees well.

📞 Call: 954-380-8778 📧 Email: cdspring@sobirealty.com 💬 Text: 954-444-6122

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