While real estate special commissioner appointments are most common in the context of divorce cases, they can be a useful dispute resolution tool in a wide range of family law, probate and partition matters. As an alternative to litigation, a special commissioner can be a cost-effective, expedient and result-oriented solution to litigation matters involving real estate.

By definition, a special commissioner is a licensed real estate agent and/or broker who is appointed by the court or stipulated by the parties to initiate and complete the sale of real property – including residential, commercial, land or special-use assets. Compensation is on a success-fee basis, as a market rate commission, based on the gross sales price of the property.

From a practical perspective, a special commissioner may help parties achieve the successful sale of real property, without the need for the stress, money and time often associated with litigation. With that in mind, let’s take a look at the specifics of the different types of disputes that may often benefit from a special commissioner appointment.