ABOUT THIS SERIES
This chapter is part of How to Become an Attorney's Preferred Realtor, an online guide to building trusted referral relationships with attorneys and other legal professionals. Explore the complete book →

By this point in the book, we have spent considerable time discussing relationships: how attorneys think about referrals, why they are protective of their clients, how Realtors can become useful before asking for business, and why trust is earned through competence rather than persistence. All of that remains central to becoming an attorney’s preferred Realtor.
But even a Realtor who masters those lessons eventually confronts a practical question: Where do the opportunities come from?
Most real estate professionals encounter an opportunity after it has become obvious. A property is listed for sale. An executor announces that an inherited home needs to be sold. A divorcing couple begins interviewing agents. A financially distressed owner starts exploring options. At that point, the need for a real estate professional is apparent—but so is the opportunity to everyone else.
There is another way to think about the market. Instead of beginning with the transaction, begin with the circumstances that eventually produce one.
The Transaction Is Usually the End of the Story
Real estate professionals naturally focus on properties. We study values, equity, mortgage information, ownership duration, neighborhood trends, transaction histories and comparable sales. These are essential tools of the profession, but they can obscure a simple fact: properties do not make decisions. People do.
And people frequently make decisions about real estate because something else in their lives has changed.
A parent dies and several children inherit a house together. A marriage ends and the family must determine what to do with the marital home. An owner moves across the country and discovers that managing a rental property from three thousand miles away is more difficult than anticipated. A longtime homeowner reaches an age when maintaining a large house no longer makes sense. Financial circumstances deteriorate. An investment property becomes burdensome. An estate must be administered.
None of these events necessarily results in a sale. Probate does not automatically produce a listing, nor does divorce, financial distress, absentee ownership or any other life event. Families keep inherited homes. Divorcing spouses buy one another out. Absentee owners remain absentee owners for decades.
What these events have in common is not a guaranteed transaction but a change in circumstances. Changed circumstances require decisions, and some of those decisions will eventually involve real estate.
The Realtor who understands this begins to look at the market differently. Instead of asking only which property is likely to be listed next, the better question becomes: Where are circumstances changing in ways that may eventually require real estate expertise?
That question moves the Realtor considerably earlier in the process.
The Signal Comes Before the Transaction
Probate provides an obvious example. A person dies. An estate must be administered. A personal representative may be appointed. Assets are identified. Attorneys and family members become involved. Questions arise about the value, condition and disposition of real property. Eventually, the family may decide that a property should be sold.
By the time the property appears on the Multiple Listing Service, however, a great deal has already happened.
The same is true in divorce. The FOR SALE sign, if one ever appears, represents the culmination of decisions that began much earlier. The spouses may spend months determining whether one can afford to retain the home, whether equity should be divided, whether refinancing is practical, or whether a sale is ultimately unavoidable. Attorneys, financial professionals and appraisers may become involved long before anyone interviews a listing agent.
These earlier events are what we refer to as transition signals. They do not predict with certainty that a property will be sold. They identify circumstances in which people may soon need information, advice or assistance involving real estate.
Consider again the progression of a probate matter. The death occurs, an attorney becomes involved, the estate identifies its assets, questions arise about the value and condition of the property, and the family considers its options. Only later might someone decide to sell and begin interviewing Realtors. Most agents enter near the end of that sequence. The better-positioned Realtor may have an opportunity much earlier—not necessarily to obtain a listing, but to provide information that helps the attorney and family decide what to do.
That distinction changes both the timing and the character of prospecting. If the only objective is to locate someone prepared to sign a listing agreement today, the agent inevitably competes with everyone else looking for the same seller. If the objective is to identify circumstances in which real estate expertise may become useful before a decision has been made, the agent can enter the conversation earlier and in a very different role.
From Lists to Intelligence
The real estate industry has never suffered from a shortage of lists. Agents can purchase lists of homeowners, absentee owners, expired listings, distressed properties, inherited properties and virtually every other category imaginable. The difficulty is that a name, telephone number and property address provide very little insight into why a conversation should take place.
This is where the distinction between data and intelligence becomes important.
Knowing that someone owns a property is data. Knowing that the owner lives elsewhere, has held the property for many years, and is now experiencing a life event that may require decisions about the property provides context. It still does not tell us what the owner will do, but it tells us considerably more about why real estate expertise may become relevant.
Context changes the nature of outreach. The generic question—Are you interested in selling your property?—becomes less important because there may be much better questions to ask and much more useful information to provide.
A family administering an estate may need to understand a property’s value before deciding whether to sell it. An attorney may need a broker price opinion or information about the local market. Heirs may be debating whether repairs are worth undertaking. A divorcing couple may need objective information about value before determining whether one spouse can realistically retain the home. An absentee owner may simply want to understand what a property would command in today’s market.
In each case, the Realtor can begin by identifying the possible need rather than assuming the desired outcome. The progression is relatively simple: recognize the signal, understand the context, identify where real estate expertise may be useful, and respond accordingly.
That last step is important. The response should fit the circumstances. A probate attorney does not need to hear, “Do you have any properties I can list?” The Realtor might instead explain that if the attorney ever needs a quick opinion of value while an estate is still determining what to do with a property, the Realtor is happy to provide one without assuming a listing will follow. That small change in approach reflects nearly everything we have discussed throughout this book. The Realtor is offering usefulness before asking for business.
Where Areté Fits
This is where the work we do at The Areté Group intersects with the larger strategy of this book.
Areté organizes real estate information around life events and other transition signals, including probate filings, inherited properties, divorce, absentee ownership, financial distress, downsizing and other circumstances that may precede important decisions involving property. We then pair those signals with the information real estate professionals need to identify and reach the appropriate people.
The purpose is not to produce a list of people who are certain to sell. No responsible data provider can know that. Human decisions are too complicated, and real estate is too personal, for that kind of certainty. The objective is to identify circumstances in which change is occurring and to do so early enough that the information remains useful.
That distinction is particularly important in the context of attorney relationships. A Realtor who discovers a property after the decision to sell has been made has found a transaction. A Realtor who understands the circumstances surrounding the property before that decision has been made may have an opportunity to become a resource to the attorney, fiduciary or family making the decision.
Public records frequently provide the raw material for identifying these transitions, but merely obtaining a public record is not much of a competitive advantage. Much of this information is available to anyone sufficiently determined to find it. The value lies in collecting it systematically, organizing it intelligently, connecting relevant pieces of information and delivering it while the underlying event is still recent enough to matter.
The information, however, is only the beginning.
There is a temptation in real estate marketing to treat better data as though it solves the prospecting problem. Find the right names early enough, the thinking goes, and the transactions will follow.
That misunderstands what data can accomplish.
A database cannot make an attorney trust a Realtor. A probate filing does not make an executor return a telephone call, and identifying a divorcing homeowner before competing agents do does not create an entitlement to that person’s business. Data can identify circumstances in which an opportunity may be developing, but what happens next depends upon the Realtor.
This is why the preceding chapters matter so much. An agent who identifies probate activity but knows nothing about probate has merely acquired the ability to make an uninformed introduction sooner. An agent who discovers an estate and immediately bombards grieving family members with sales solicitations has confused early access with good judgment. A Realtor who identifies a divorce and inserts himself into questions properly belonging to the attorneys has simply used better information to cross professional boundaries more efficiently.
For the Realtor who understands the underlying legal process, appreciates the attorney’s concerns, communicates appropriately and knows how to be useful without becoming intrusive, however, early information can be extraordinarily valuable. It creates time to prepare, understand the circumstances and offer assistance before the need becomes obvious.
The advantage is therefore not simply knowing something earlier. The advantage is knowing what to do with that knowledge.
What You Know Before You Call
Consider two Realtors approaching the same probate attorney.
The first introduces himself, explains that he specializes in real estate and asks the attorney to keep him in mind whenever a client needs to sell a property. There is nothing offensive about the approach. There is simply nothing particularly memorable about it. The attorney has almost certainly heard some variation of the same request many times before.
The second Realtor understands how probate works. She knows that an attorney or personal representative may need real estate information long before a decision to sell has been made. She understands that inherited properties can present practical problems involving deferred maintenance, occupants, personal belongings, distant heirs and disagreements among beneficiaries. Instead of asking for a referral, she makes herself available to provide useful market information while the estate is determining what to do.
Now add one more layer. This Realtor also understands where probate activity is occurring in her market and which properties may be involved. She is no longer waiting passively for an attorney to remember her when a property finally needs to be listed. She understands the kinds of matters moving through the local probate system and is prepared to be useful when real estate questions arise.
Imagine that one of those estates includes a house that has not been updated in thirty years. The heirs disagree about whether to spend money renovating it before selling, and the attorney would like some objective information before the family makes that decision. The Realtor visits the property, evaluates comparable sales and explains what improvements are likely to affect value and which ones probably will not. She does not ask for the listing because there is no listing to ask for.
Three months later, the family decides to sell. By then, the Realtor is not a stranger competing against three other agents for an introduction. She is the professional who already helped the family solve a real estate problem.
Even more important, the attorney has now seen how she works.
That is the larger opportunity. One probate matter may produce one transaction. A relationship with an attorney who repeatedly encounters real estate issues can produce opportunities for years.
Earlier Does Not Mean More Aggressive
Seeing an opportunity earlier does not mean pursuing people more aggressively. In many circumstances, the opposite approach is both more appropriate and more effective.
Life-event data frequently involves people experiencing difficult transitions. Death, divorce, financial distress and aging are not marketing themes to the people living through them. They are real events with financial and emotional consequences. A Realtor who treats them merely as “motivated seller leads” may possess excellent data and still be remarkably bad at using it.
Early identification should create an opportunity for greater relevance, not greater pressure. The fact that you know about someone's circumstances before competing agents do is not permission to become intrusive. It is an opportunity to understand what might be needed and determine whether you can contribute something useful.
This is another reason relationships with attorneys and other professionals are so valuable. The Realtor does not always need to approach the property owner directly. In many circumstances, the more durable opportunity is to become known to the professionals who repeatedly encounter these situations and who can recognize when real estate assistance is actually appropriate.
The difference is significant. A list encourages the Realtor to ask, How quickly can I contact these people? Intelligence encourages a better question: What do I know about this situation that might allow me to be useful?
Seeing What Others See Later
There will always be competition at the transaction stage. Once a property is listed, the opportunity is visible. Once an owner publicly announces an intention to sell, agents can compete for the business. Once a family begins interviewing Realtors, the contest has already started.
The strategy described in this book is to move upstream from that moment. The relationship strategy does so by encouraging Realtors to become useful to attorneys before asking them for referrals. The data strategy approaches the same objective from another direction by identifying circumstances in which real estate expertise may become valuable before a transaction has been announced.
The two strategies reinforce each other. Data without relationships produces names on a spreadsheet. Relationships without intelligence can leave an agent waiting indefinitely for opportunities to appear. But when an agent understands both sides of the equation, something more powerful becomes possible. The Realtor can recognize where change is occurring, understand why it may matter, and bring relevant expertise to the people who are already helping clients navigate that change.
There is no guarantee that a transaction will result, nor should there be. The objective is not to predict human behavior perfectly. It is to improve timing, preparation and relevance. Sometimes the eventual decision will be to sell. Sometimes it will be to keep the property, refinance it, transfer it within the family or do nothing at all. Being useful before that decision is made is precisely what distinguishes this approach from conventional lead chasing.
The best opportunities in real estate often begin long before there is a FOR SALE sign in the yard. They begin when circumstances change and someone must eventually decide what comes next.
Most of the market will see the opportunity when the property becomes available. The better-positioned Realtor may have been useful long before then.
That is what it means to see opportunity before the market does.
