what do i need if i am selling my house without a real estate agent or lawyer

by Prof. Bradley Howe 10 min read

Even if you’re selling a house without a realtor, you’ll probably still need to hire a real estate lawyer who can advise you on what questions you should be asking, help you structure the transaction, prepare or review the paperwork necessary to complete the transfer, and even give you advice on how to negotiate the purchase price.

Your three main options to sell a house without a Realtor® include: Sell to a cash buyer. Hire a real estate attorney to facilitate a sale to a known buyer. Handle the sale yourself via For Sale By Owner (FSBO)Jan 25, 2022

Full Answer

Should you sell your house without a realtor?

Feb 14, 2022 · Here’s how to sell a house without a REALTOR® like a pro: Do Your Research. Before you do anything else, you need to do your homework. The first thing you should do is determine the fair market value of your home so you can list it for the best price. You can do this by looking at the recent selling price of similar properties in your area (also known as running …

Where can I list my house for sale without an agent?

Aug 23, 2019 · First, you need to price the home. Selling a home without a realtor allows you to keep more of your proceeds, but you need to price it fairly to get interested buyers. You can use the Internet and its many tools to give you a starting …

Do you need an agent to sell your house?

Mar 26, 2018 · Here is an example checklist of the paperwork needed to sell a house without an agent: Print off blanks copies of your offer and counteroffer forms. Residential Property Disclosure form. Residential Sales Contract. Third-party Financing Addendum.

Should you hire a lawyer to sell your house?

Those who decide to sell a home without a REALTOR® must do a lot of legwork to complete their paperwork accurately and promptly. Sellers who don’t have their paperwork in order appear disorganized and can cause delays, which can discourage buyers.

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How do I sell by owner in Illinois?

To sell your home as a For Sale By Owner (FBSO) in Illinois, you'll have to take on all the traditional duties of a real estate agent. Once you've decided on a listing price and prepped your home for sale, you'll need to market it. You'll also have to be available for showings and open houses.Aug 24, 2021

How do I sell my house by owner in Wisconsin?

For Sale By OwnerPreparing both buyer's and seller's closing statements.Having a deed prepared by an attorney.Preparing a Wisconsin State Transfer Form.Ordering payoff information for your current mortgage.Prorating your real estate taxes, sewer, and water bills.Coordinating your closing with the buyer's lender.More items...

How do you sell a house by owner in Missouri?

To sell your own home (known as a For Sale By Owner or FSBO), you'll take on all the traditional work of a real estate agent. First, set a competitive listing price. Then prep your home, making repairs and adding curb appeal. Next, you'll be in charge of marketing the home, including open houses and showings.Aug 24, 2021

How do you sell a house by owner in TN?

Just go to the Tennessee page, find your city, and create a "real estate — by owner" listing. FSBO websites: There are multiple FSBO listing websites that allow you to post your home for free or a few hundred dollars.Mar 1, 2022

How do I sell my house without a Realtor in Wisconsin?

5 tips for selling your home without a realtor in WisconsinMake minor repairs. Small upgrades and repairs can do a lot to sway potential buyers. ... Price your Wisconsin home competitively. ... Stage and market your home. ... Prepare for showings. ... Negotiate for the best possible price.Apr 1, 2022

Do you need an attorney to sell a house in Wisconsin?

The State of Wisconsin does not legally require sellers to have a lawyer for their FSBO real estate transaction. However, 21 U.S. states and the District of Columbia have deemed it lawfully necessary for all FSBO sellers to employ a lawyer during the real estate closing process.Feb 23, 2022

What do you have to disclose when selling a house in Missouri?

§ 339.730. 1. This states that an agent must disclose to any potential buyer "all adverse material facts actually known or that should have been known by" the agent. In other words, real estate agents cannot lie for you without risking their license.

What do you legally have to leave when selling a house?

It's an unwritten rule that you should leave items like the doorbell, light fittings and plug sockets, carpets and curtain poles in their place. You can take your curtains if they are going to fit in your new place.Sep 17, 2018

Do you need a real estate attorney in Missouri?

Unlike in some states, Missouri does not require that sellers involve a lawyer in the house-selling transaction. Even if it's not required, you may decide to engage a lawyer at some point in the process—for example, to review the final contract or to assist with closing details.Aug 17, 2021

How do I avoid paying buyers agent?

How to Avoid Paying Realtor Fees When Selling a HouseSell Your House For Cash – Usually As-Is With No Repairs Needed.Sell Your House For Sale By Owner – Listing Your Home on The Market.Sell Your House to Someone You Know.Sell Your House to a Cash Buyer.

Can you sell a house as is in Tennessee?

When thinking about how to sell a house as is in Knoxville, there are three main ways to sell. You can use the traditional method and list with an agent, you could sell the home for sale by owner, or you could sell to a cash home buying company.Mar 28, 2018

How do you sell a house by owner?

How to Sell Your House For Sale By OwnerUnderstand FSBO pros and cons.Set a fair price.Prepare your house.Invest in marketing and advertising.Act like a professional.Ensure you have qualified buyers.Hire a real estate attorney.Don't rule out an agent.

Do you need a title search before a change of title?

Once your sales contract has been completed and signed and the buyer's loan is approved, you will need to ensure that a title search is completed before the change of title documents can be processed. It is the buyer's right to specify the title company or lawyer to be used, but it is smart to have one at the ready, should the buyer request it. ...

Is a mortgage contract binding?

Once an offer is accepted and the contract is signed, it is considered a legally binding contract. If there are financial conditions or mortgages involved, you may need to provide a third-party financing addendum.

What are the problems you need to disclose to a buyer?

Common problems disclosed include a faulty foundation, leaking roof, problems with HVAC and home appliances, pests or mold and more.

What is a deed in real estate?

Deed. Title and deed are terms that are often confused. Where title is your right or ownership of property, a deed is the physical document outlining the property. It describes the property and its boundaries in detail, and it’s used to sign-off ownership to the buyer.

Where does Andrew Dehan live?

He is also a published poet, musician and nature-lover. He lives in metro Detroit with his wife, daughter and dogs.

What is a title report?

Title reports are documents put together by title companies who research the history and status of your title. Real estate title is your right to or ownership of your property. These reports outline your ownership and rights, as well as any other parties’ rights through easements or liens on the property.

What is a deed and title?

Title and deed are terms that are often confused. Where title is your right or ownership of property , a deed is the physical document outlining the property. It describes the property and its boundaries in detail, and it’s used to sign-off ownership to the buyer.

Is selling a home a legal transaction?

Selling a home is a large legal transaction , and with it comes a lot of paperwork. A REALTOR® knows this paperwork like the back of their hand because they deal with it daily.

What does it mean to sell a house without a realtor?

Selling without a Realtor means you’re eliminating the 3% listing fee you’d pay to a listing agent. However, unless you sold to a buyer without an agent, which is relatively rare, you’ll still be responsible for the 3% buyer’s commission.

What do buyers want from a home?

Buyers will want to get a sense of your home’s maintenance demands and schedule. And they’ll also want assurances that any home improvements or additions you’ve had done were properly permitted and are up to code. If they aren’t, there could be an issue with back taxes or repairs.

Why do you need an appraisal for a home?

The buyer’s lender will order an appraisal to make sure the home is actually worth the amount of money being lent to the buyer. The seller doesn’t automatically receive a copy of the appraisal but can request one from the lender.

What does an agent do?

Agents bring a lot of professional expertise to a transaction, especially when it comes to marketing your home, understanding how it fits into the bigger picture of the market, and conducting negotiations with the buyer, who’ll almost certainly be represented by their own experienced agent.

When was FSBO founded?

Founded in 1999, this site claims to have the most traffic of any FSBO-related platform, so it’s a great choice for sellers who are just trying to reach the largest audience possible. Basic listings here are free, while for $399, sellers can upgrade to a package that includes all legal forms, pricing tools, and more.

What does it mean when a house sells for the list price?

That means that the negotiating table is where the final sale price is actually determined, whether that means going for five (or six) figures above ask, or taking a big hit on the price. It’s also where concessions and contingencies are hammered out, which can have almost as much impact on the deal as the price itself.

Do you have to pay off your mortgage?

You’ll have to pay off your current mortgage with the proceeds from the sale ; your latest mortgage statement will give you a pretty good idea of how much you owe, while a payoff amount form, which your lender is legally required to produce upon request, shows exactly how much you’ll have to pay, including fees, penalties, interest.

What percentage of home buyers are millennials?

Today, Millennials (Americans ages 20 to 37) make up over 35% of home-buyers, the largest single group of buyers in today’s market. To market your house to appeal to this younger set of potential home-buyers: 5.

What happens if you overpricing your home?

By overpricing your home, you could be losing out on potential buyers. If the buyer is working with a real estate agent, the agent might not bring a potential buyer to the house, thinking that it’s out of their price range.

Is a lawyer's fee fixed?

The good news is that a real estate lawyer’s fees are fixed, as opposed to being a percentage of the sale price of the home, and are usually a fraction of those charged by a real estate agent.

Why is a real estate attorney important?

A good real estate attorney provides a backstop for your real estate agent, finding loopholes in the purchase agreement, saving you money with contingencies, and maybe even insulating you from lawsuits years down the line. Let’s go over some of the situations where hiring a real estate attorney is a good move, the responsibilities ...

How much do real estate attorneys make an hour?

Real estate attorneys are paid by the hour — market rates are between $150 and $350. You may be able to negotiate a flat rate, or a cap on the number of hours they work on your behalf.

What is a purchase agreement?

The purchase agreement is a legal contract that outlines the rights of the seller and the buyer. A lawyer can review this contract and make sure you’re receiving all the protections and assurances that you should be. Signing an incomplete or sloppy purchase agreement can leave you vulnerable later, even if you abide by your state’s disclosure laws.

Why do agents make more money?

Because most agents work on commission, they make more money the higher the final sale price goes. That’s great if your priority is extracting every possible dollar from your sale. But sometimes sellers just want a quick sale, or want their property to pass onto someone who appreciates it.

What are the benefits of being an agent?

A great agent doesn’t just help you buy or sell a property; they also offer a sympathetic ear, gentle advice, and all around emotional support. A huge financial transaction can be a huge source of stress, and a good agent knows how to reassure their clients.

Do I need a commercial real estate attorney?

This isn’t the case when it comes to commercial real estate . Commercial real estate deals are much more complicated and risky, and there’s usually a lot more money involved, so hiring a commercial real estate attorney for a commercial transaction is basically required.

Can a lawyer fight on your behalf?

But it’s understood a lawyer’s demands are backed up by the threat of costly litigation. Simply put, a commercial real estate lawyer can fight much more effectively on your behalf than a commercial agent.

What to do if your home doesn't sell?

If your home doesn’t sell within a reasonable amount of time, you need to be comfortable pivoting to a new plan. There’s a reason 85% of sellers end up using an agent — successfully selling a home is hard work.

How long does it take to sell a home?

Note that the average time it takes to sell a home nationally, from listing to closing, is between 65 and 93 days (in 2018), but it also varies based on where you live. So, expect to dedicate a lot of time to the process for at least three months, not including the time it takes to prepare your home for listing.

Why do I need an agent for FSBO?

Among those who attempt the FSBO route, half eventually hire an agent. Here are their top three reasons for making the switch: 1 Selling is easier with an agent. 2 It takes too long to sell FSBO. 3 They needed help with the paperwork.

Why do sellers hire listing agents?

The majority of sellers hire a listing agent because it’s a job that requires skill, dedication, patience and expertise. Most FSBO sellers have full-time jobs, family commitments and other limitations that make it hard to dedicate the time necessary to sell their home for top dollar.

What happens if you overprice your home?

If you overprice your home, your listing may go stale, and you may have to cut the price.

Is it easier to FSBO in a sellers market?

It can be easier to FSBO in a sellers market, because homes typically sell faster and closer to asking price, with fewer price cuts. Selling in a buyers market can be more challenging, because it may take longer to get a good offer, and many other listings have a professional agent doing the marketing over the long listing period.

Can I sell my home on Zillow?

With Zillow Offers, instead of finding an agent, listing your home and waiting for a buyer, you can sell directly to Zillow. If your home qualifies, we’ll send you a no-obligation cash offer, and if you need to close quickly, you can schedule a closing date as soon as seven days after accepting the final offer.

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

What is the job of a home inspector?

Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

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