Do you need to disclose that your sellers are getting divorced?

It’s not uncommon for a couple going through a divorce to need to sell their home. As a real estate professional, you may find yourself involved in transactions where the sellers are navigating divorce. In those cases, do you need to disclose that the sellers are getting divorced? 
You are not required to disclose your client’s personal reasons for selling or personal information that doesn’t affect the material value of the home. In addition, disclosing the divorce could be a breach of your obligation to keep their personal information confidential. It could suggest to a buyer that the sellers might accept a lower price.  
When handling divorcing sellers, it’s essential to recognize that their goals and interests may not always align. As a real estate agent representing both parties, this presents a unique challenge because you have a responsibility to both individuals. Make sure to protect yourself and take extra precautions.

• Give the same advice to both parties.  As the listing agent, you will be representing both parties that may not see eye to eye. You need to give both parties the same advice and feedback. 
  
• Avoid getting involved in disputes. This may be challenging in a hostile divorce situation but it’s important to remain neutral and refrain from taking sides.
  
• Document all communication. Send all conversations and advice to both parties. This includes standard information you share with clients and responses to questions. If one person contacts you, summarize the call in writing and send it to both people. Retain a copy for your records. Make sure you demonstrate that you gave the same advice to both parties and that your advice benefits both people equally.
  

If your sellers have legal questions regarding their divorce, make sure to direct them to their attorney. 

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