Practical Scenario – The Bereaved Seller

Scenario

Mrs Evans recently lost her husband. Their property was owned jointly, and she has instructed MyEstate to market it for sale.

During the first appointment, Mrs Evans appears confident and gives clear instructions. Over the following weeks, however, she:

1. Misses two telephone appointments;
2. Says she cannot manage the number of emails;
3. Becomes distressed when discussing the property;
4. Forgets which documents she has already supplied;
5. Asks the same questions several times;
6. Says her daughter may need to help her; and
7. Requests more time to consider an offer.

A negotiator tells a colleague:

“She clearly cannot make decisions, so we should deal only with her daughter.”

Discussion questions

1. What circumstances may be contributing to Mrs Evans’s vulnerability?
2. Does the information establish that she cannot make decisions?
3. What support could MyEstate offer?
4. What consent or authority would be required before dealing with her daughter?
5. What information should be recorded?
6. When should the matter be referred to a manager?

Suggested response

Mrs Evans may be experiencing temporary or situational vulnerability arising from bereavement, emotional distress and the demands of selling the former family home.

There is not enough information to conclude that she cannot make decisions. She initially provided clear instructions and is continuing to engage with MyEstate.

The negotiator should not decide to exclude her from communications or deal only with her daughter without appropriate authority.

MyEstate could offer to:

1. Provide Mrs Evans with a single named contact;
2. Reduce unnecessary communications;
3. Send one clear written summary at agreed intervals;
4. Use her preferred communication method;
5. Break required tasks into manageable stages;
6. Allow additional time where reasonably possible;
7. Arrange appointments at suitable times;
8. Explain offers in plain language;
9. Check her understanding without applying pressure; and
10. Allow her daughter to assist if Mrs Evans gives appropriate consent.

The file should contain a factual record of:

1. The support requested;
2. Mrs Evans’s communication preferences;
3. Any authority given to her daughter;
4. Information provided;
5. Decisions made; and
6. Any management guidance.

A manager should be consulted if:

1. There are genuine concerns about Mrs Evans understanding a specific decision;
2. Her daughter attempts to control communications or proceeds;
3. Instructions conflict;
4. There is pressure to accept an offer;
5. Confidential information is requested without authority; or
6. The employee is uncertain about the appropriate support.