Audit-15Q -

The Attorney's Risk Audit

Quantify Your Real Estate Liability Now.

Complete the 15-Point Fiduciary-Grade Compliance Assessment to receive your confidential briefing on procedural vulnerabilities.

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Question 4: Does your current real estate professional execute a pre-listing, court-ready Title Report Briefing to your firm before the listing agreement is formally signed?A. Yes, always. We receive a full, written Title Briefing with procedural guidance.B. Only after the Offer is accepted (as is standard practice for most transactions).C. No, the title company handles the report directly, and we review it when escrow opens.

Question 5: When utilizing a standard real estate listing agreement, does your real estate professional use a proprietary, verified addendum to explicitly define and govern the overbid commission structure in anticipation of court confirmation?A. Yes, all agreements include an attorney-approved, proprietary addendum that precisely addresses commission for both the original buyer and potential overbidders.B. We rely on the standard state association forms (e.g., CAR) and trust the court will interpret the commission clearly during the confirmation hearing. 5 Elevated Risk. Relies on judicial interpretation rather than clear procedure, exposing the firm to unnecessary motions.C. No, the commission terms are generally handled by oral agreement with the agent and confirmed by the court's final order.

Question 6: When reviewing the buyer's purchase agreement, is your real estate professional explicitly required to modify the standard loan/appraisal contingency period to ensure the deadline is legally sufficient to avoid delaying the court's confirmation hearing?A. Yes, they are mandated to set the contingency period based on the projected hearing date and use a custom addendum for compliance.n 1B. No, the contingency period is set by the buyer's lender/agent (usually 17-21 days), and we adjust our court filing timeline based on that standard period.C. No, we rely on the court's general authority to manage the final sale and prioritize a quick closing over detailed procedural tracking.

Question 7: Before gaining physical access to the property or initiating any vendor work (cleaning, repairs, staging), does your real estate professional provide a certified lien/utility status report to confirm zero outstanding municipal debt or foreclosure risk?A. Yes, they submit a procedural report confirming financial status before accessing the asset.B. They coordinate utility payments through the Executor/Administrator and rely on the Title Report to address any liens.C. They assume the property is clear and proceed with listing upon receiving the signed listing agreement.

Question 8: Does your real estate professional utilize a formal, written "Property Access and Security Protocol" (PASP) that requires all visitors, inspectors, and vendors to acknowledge the property's status as an Estate Asset before granting access?A. Yes, all parties acknowledge a written PASP detailing liability waivers, security expectations, and restricted access areas before entry.B. No, the agent verbally communicates access rules and manages security using a standard lockbox and general showing procedures.C. No, property access is managed primarily by the Executor/Administrator, with the agent only scheduling appointments.

Question 9: Before authorizing or coordinating vendor work (e.g., cleaning, minor repairs, staging), does your real estate professional require a written, pre-approved estimate detailing costs and payment source that is formally signed by your firm and the Executor/Administrator?A. Yes, formal, written approval (signed by all authorized parties) is required for all vendor expenses before work is initiated.B. The agent coordinates vendors and provides the receipts to the Executor/Administrator for reimbursement after services are renderedC. We trust the agent to manage small expenses and only require formal approval for major repair work exceeding a set budget (e.g., $5,000).

Question 10: At the beginning of the relationship, did your real estate professional provide a written commitment confirming they are trained in a proprietary procedural system built specifically to integrate with and protect your firm's legal workflow?A. Yes, they provided a formal commitment (e.g., a Certification Protocol) demonstrating training in a proprietary system like ProbateNexus™.B. No, they confirmed they are "probate certified" and rely on their general experience to guide them through the process.C. No, they stated they would handle the transaction based on standard industry practice and follow the Executor's instructions.

Question 11: Which of the following best describes your practice's current volume of probate and trust real estate cases?A. Low Volume (1–3 cases per year).B. Moderate Volume (4–8 cases per year).C. High Volume (9+ cases per year).

Question 12: What is the most critical professional outcome you wish to achieve regarding real estate transactions in the next 90 days?A. Eliminate the risk of surcharge claims or litigation exposure.B. Reduce my own time spent managing real estate paperwork/deadlines.C. Accelerate case closings and improve client satisfaction ratings.

Question 13: What do you believe is the biggest obstacle currently preventing you from achieving procedural certainty in these transactions?A. Lack of a verifiable, repeatable procedural system for the agent.B. Difficulty finding or trusting truly specialized real estate professionals.C. Time/Cost associated with supervising the transaction myself.

Total Score

Curtis McDaniel Founder, SD Probate Group | CPTE℠

I was tasked with building the ‘Elite Legal’ brand from the ground up. In that role, I developed the core training systems and business protocols that drove its growth and ensured operational compliance. Today, I bring that same system-building expertise to protect your practice during every probate sale.

DRE# 02203157 | eXp Commercial of California, Inc. DRE# 02134436

Disclaimer: SD Probate Group (The creator of the ProbateNexus™ System) is a branding entity and is not licensed with the DRE. All licensed real estate services in the local market are performed by Curtis McDaniel, DRE# 02203157, under the sponsorship of eXp Commercial of California, Inc., DRE# 02134436. The content of this audit is for informational and educational purposes only and does not constitute legal advice.

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