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But who will be the trustee and under what terms?

Dazz's subsequent post offers a good view and much more detailed then my suggestion: If you don't think you have power, then even if you do possess it in reality it counts for naught. Hence my suggestion of auction- put it in neutral hands and if a party wants to retain the asset they can bid...

Emminently relevant I'm afraid. I agree with Dazz. The law may be the law but there is an underlying reality to be determined. Here's a solution- put it to auction and bid for it yourself. Put a clause in the agency appointment limiting the commission in such circumstances.