Both move on their own schedule, both involve properties bought largely as-is, and both need an agent who's done this before — not one learning the process on your deal.
Court-supervised, often with overbidding procedures at a confirmation hearing. Timelines run on the estate and court calendar, not a typical negotiation. Property condition is frequently unknown or disclosed minimally.
Foreclosure auctions requiring cashier's checks and same-day decisions. Title and lien research needs to happen before bidding — there's little room to unwind a mistake after the gavel.
On a probate sale, that's navigating the confirmation hearing process, understanding overbid increments, and coordinating with the estate's attorney and court timeline. On a trustee sale, the bidding itself is typically done by the buyer directly at the auction — representation adds the most value in the research phase beforehand (title, liens, occupancy status) and in closing coordination afterward.
As-is means as-is. Interior access is often limited or unavailable before purchase on both channels. Being comfortable buying on incomplete information — and pricing that uncertainty into your offer — matters more here than on a standard MLS purchase.
Flat $7,250 for most purchases, $9,250 at $1.5M and above — the same structure that applies to MLS, off-market, and 1031 exchange purchases. Since probate and trustee sales rarely include seller-offered buyer-agent compensation, the fee is typically paid directly rather than credited at closing.
Working a probate or trustee sale lead? Let's talk process and timeline.
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