Steff Posted June 22, 2004 Share Posted June 22, 2004 Anyone done it by owner? Difficult? Take longer than with an agent? Can the same attny be used by both parties? Quote Link to comment Share on other sites More sharing options...
kapkomet Posted June 22, 2004 Share Posted June 22, 2004 Not that I've done it, but I know that you can use the same attorney if all parties agree. If it's selling to someone you trust, which I'd have to assume it is if you're willing to use the same attorney, that part should be fine. Sometimes the lenders can be a little squemish about it, but again, good credit, reputable people, can do it with little or no difference (besides saving the dang fees). Quote Link to comment Share on other sites More sharing options...
israel4ever Posted June 22, 2004 Share Posted June 22, 2004 I do real estate closings on the side...I have represented both parties at closings, with the consent of both parties. As far as selling by owner goes, I have also been involved in these transactions. There are things you have to be aware of. i.e. you won't get as many people looking at your house, unless you get it listed on the MLS, (but if you do get it on the MLS, agents will be bringing clients to you and will be expecting commissions). Make sure that if you sell by owner, you get/use a Standard Real Estate Contract (places like REMAX will sometimes sell and/or give them to you), don't deviate from it, and make sure you get it to your attorney within the Five (5) day attorney approval period. Quote Link to comment Share on other sites More sharing options...
Wong & Owens Posted June 22, 2004 Share Posted June 22, 2004 Anyone done it by owner? Difficult? Take longer than with an agent? Can the same attny be used by both parties? Ive known a few who tried it, and ALL of them gave up and wound up listing it with an agent. Kap may know better than I, but I thought it was NOT OK to have the same attorney. The main problem with selling by owner is that to do it right, you spend as much on advertising as you would give to a realtor. You're not in the MLS system when you sell by owner, so you have to market the house extra hard to get people to find it. IMHO, I don't think it's worth it. Quote Link to comment Share on other sites More sharing options...
Texsox Posted June 22, 2004 Share Posted June 22, 2004 If you do not have a buyer lined up be prepared to be pinned down at home to show the house. Be prepared for people who want all the savings you are generating by not having a realtor. Be prepared for home inspection reports showing different things that may be major, may not be. Be knowledgable about what information you are legally obligated to disclose, and which you are not. Be prepared for realtors to want and show your house for a buyer's fee. With some research and planning you could do it just fine. Quote Link to comment Share on other sites More sharing options...
israel4ever Posted June 22, 2004 Share Posted June 22, 2004 If you do not have a buyer lined up be prepared to be pinned down at home to show the house. Be prepared for people who want all the savings you are generating by not having a realtor. Be prepared for home inspection reports showing different things that may be major, may not be. Be knowledgable about what information you are legally obligated to disclose, and which you are not. Be prepared for realtors to want and show your house for a buyer's fee. With some research and planning you could do it just fine. Exactly! Quote Link to comment Share on other sites More sharing options...
Steff Posted June 22, 2004 Author Share Posted June 22, 2004 I think (90%) I already have a buyer, so that's not an issue (more than qualified, eager to move - she's having a baby in October). Where do I find out about what inspections I need done? I have a friend who is an agent.. is it out of line to toss her a bone to take care of some of this for me..? Doesn't most of the $$ they make on commissions go to the agency they work for? So if she was going to charge me 4% if I listed it.. and I offered her 2% cash to her, would that be a good deal for her? Quote Link to comment Share on other sites More sharing options...
Texsox Posted June 22, 2004 Share Posted June 22, 2004 I think (90%) I already have a buyer, so that's not an issue (more than qualified, eager to move - she's having a baby in October). Where do I find out about what inspections I need done? I have a friend who is an agent.. is it out of line to toss her a bone to take care of some of this for me..? Doesn't most of the $$ they make on commissions go to the agency they work for? So if she was going to charge me 4% if I listed it.. and I offered her 2% cash to her, would that be a good deal for her? It is the buyer who should arrange the inspection. If she's a friend, you may have a uncomfortable situation. Basically you are telling her she isn't worth her pay check. Be careful, only you know how her and how she will react. Since you already have a buyer, you are probably better off investing that money in a good real estate attorney. Back to your friend, will yu be buying another house? Why not package the deal and say we'll use you to buy the next one, I've already sold this home, help us with the paperwork process for $X% Quote Link to comment Share on other sites More sharing options...
kapkomet Posted June 22, 2004 Share Posted June 22, 2004 You can have an attorney represent both sides, but my free advice for what it's worth, I wouldn't. Quote Link to comment Share on other sites More sharing options...
Steff Posted June 22, 2004 Author Share Posted June 22, 2004 Already bought another house so I don't need her there. I just thought that rather than give the $$ to the agency, that she would get it all. Anyone know how much the split is between agent and agency? Advice on an attny? Is it pretty cut & dry and they are all pretty good?? Quote Link to comment Share on other sites More sharing options...
kapkomet Posted June 22, 2004 Share Posted June 22, 2004 For what you have going, and you know the party, real estate law is indeed pretty straight forward. I4E is right, just make sure that you have the standard real estate contracts for your state and you should be fine. Quote Link to comment Share on other sites More sharing options...
Wong & Owens Posted June 22, 2004 Share Posted June 22, 2004 It is the buyer who should arrange the inspection. If she's a friend, you may have a uncomfortable situation. Basically you are telling her she isn't worth her pay check. Be careful, only you know how her and how she will react. Since you already have a buyer, you are probably better off investing that money in a good real estate attorney. Back to your friend, will yu be buying another house? Why not package the deal and say we'll use you to buy the next one, I've already sold this home, help us with the paperwork process for $X% Actually, you'll need two inspections. One, by a private inspector, is requested by the buyer to look for things that aren't illegal, but may cause problems for the buyer down the road. This inspection is not a requirement. The second inspection is done by the town the house is in, is set up by the seller, and IS a requirement. The Village Inspector goes through looking for code violations like not having gfi outlets in bathrooms, or having flexible gas suppllies on your water heater. Anything the Village Inspector says is wrong MUST be fixed by the seller before the closing date. Or, you can make an arrangement with the buyer so they will fix the violations. I believe they get 60 days after the close to get them all fixed. Quote Link to comment Share on other sites More sharing options...
Texsox Posted June 22, 2004 Share Posted June 22, 2004 You can have an attorney represent both sides, but my free advice for what it's worth, I wouldn't. I entered into one contract were we agreed on an attorney. It went ok, but I always had a nagging doubt that I could have done better with my own. Turns out the other party always felt the same way. I can honestly say I have never felt cheated by paying for good professional advice and consultation. Quote Link to comment Share on other sites More sharing options...
Wong & Owens Posted June 22, 2004 Share Posted June 22, 2004 I just thought that rather than give the $$ to the agency, that she would get it all. Anyone know how much the split is between agent and agency? Advice on an attny? Is it pretty cut & dry and they are all pretty good?? I think the split depends on the office. With Remax, for example, I don't think the agents give any cut to the office, but they have to pay "rent" for their office every month. Residential real estate is pretty standard stuff. I know a good lawyer in Oak Forest, if you're looking. Quote Link to comment Share on other sites More sharing options...
Texsox Posted June 22, 2004 Share Posted June 22, 2004 Actually, you'll need two inspections. One, by a private inspector, is requested by the buyer to look for things that aren't illegal, but may cause problems for the buyer down the road. This inspection is not a requirement. The second inspection is done by the town the house is in, is set up by the seller, and IS a requirement. The Village Inspector goes through looking for code violations like not having gfi outlets in bathrooms, or having flexible gas suppllies on your water heater. Anything the Village Inspector says is wrong MUST be fixed by the seller before the closing date. Or, you can make an arrangement with the buyer so they will fix the violations. I believe they get 60 days after the close to get them all fixed. Are these new requirements? I can never remember having a housing inspection by the village, city, county etc. Quote Link to comment Share on other sites More sharing options...
Steff Posted June 22, 2004 Author Share Posted June 22, 2004 Actually, you'll need two inspections. One, by a private inspector, is requested by the buyer to look for things that aren't illegal, but may cause problems for the buyer down the road. This inspection is not a requirement. The second inspection is done by the town the house is in, is set up by the seller, and IS a requirement. The Village Inspector goes through looking for code violations like not having gfi outlets in bathrooms, or having flexible gas suppllies on your water heater. Anything the Village Inspector says is wrong MUST be fixed by the seller before the closing date. Or, you can make an arrangement with the buyer so they will fix the violations. I believe they get 60 days after the close to get them all fixed. So I don't have to set anything up...?? Do they sell contracts at OfficeMax...? I know they sell wills & divorce kits.. W&O (when did you change your name from Ghost..??) I would definitely appreciate the #. Thanks! Quote Link to comment Share on other sites More sharing options...
israel4ever Posted June 22, 2004 Share Posted June 22, 2004 It is the buyer who should arrange the inspection. If she's a friend, you may have a uncomfortable situation. Basically you are telling her she isn't worth her pay check. Be careful, only you know how her and how she will react. Since you already have a buyer, you are probably better off investing that money in a good real estate attorney. Back to your friend, will yu be buying another house? Why not package the deal and say we'll use you to buy the next one, I've already sold this home, help us with the paperwork process for $X% Once again, Texsox is 100% correct. Also, you would be putting your friend's real estate license in jeopardy if he/she makes a side deal around her brokerage. Steff...I would be happy to represent you if you don't already have an attorney. BTW...Tex...are you an attorney? Quote Link to comment Share on other sites More sharing options...
israel4ever Posted June 22, 2004 Share Posted June 22, 2004 So I don't have to set anything up...?? Do they sell contracts at OfficeMax...? I know they sell wills & divorce kits.. W&O (when did you change your name from Ghost..??) I would definitely appreciate the #. Thanks! Actually, Office Max does sell RE contracts. I have never used one of theirs. Quote Link to comment Share on other sites More sharing options...
Texsox Posted June 22, 2004 Share Posted June 22, 2004 BTW...Tex...are you an attorney? I was pre-law right after pre-med I just have spent enough money on attorneys to claim a couple as dependents. Steff in all seriousness, while being your own salesperson is more an aggravation than anything else, I would not recommend being your own attorney. The closing should be under $500 and well worth it. A competent real estate attorney who has closed on homes before can help in more ways than just law. Quote Link to comment Share on other sites More sharing options...
kapkomet Posted June 22, 2004 Share Posted June 22, 2004 ROTFLMAO. Texsox the attorney... That's about as bad as calling me a CPA. Oh wait a minute... Quote Link to comment Share on other sites More sharing options...
Wong & Owens Posted June 22, 2004 Share Posted June 22, 2004 So I don't have to set anything up...?? Do they sell contracts at OfficeMax...? I know they sell wills & divorce kits.. W&O (when did you change your name from Ghost..??) I would definitely appreciate the #. Thanks! If you're the seller, then you'll have to set up the village inspection, if it is required in your town. Call the building dept. of Plainfield to find out if it is needed. I think you can buy a standard R.E. contract at an Office Max, but I've never done it, so I'm not 100% sure. I changed my name about 3 weeks ago. I may change it again to the Ghost of Cliff Politte, because if he doesn't stop sucking, I may have to kill him. I'll PM you the lawyer info. Quote Link to comment Share on other sites More sharing options...
Steff Posted June 22, 2004 Author Share Posted June 22, 2004 Steff...I would be happy to represent you if you don't already have an attorney. What are your credentials...? And how much? I'm not funding your vacation to the mother land Quote Link to comment Share on other sites More sharing options...
Texsox Posted June 22, 2004 Share Posted June 22, 2004 ROTFLMAO. Texsox the attorney... That's about as bad as calling me a CPA. Oh wait a minute... Hey I watch Law and Order all the way to the finish . . . Quote Link to comment Share on other sites More sharing options...
Steff Posted June 22, 2004 Author Share Posted June 22, 2004 If you're the seller, then you'll have to set up the village inspection, if it is required in your town. Call the building dept. of Plainfield to find out if it is needed. I think you can buy a standard R.E. contract at an Office Max, but I've never done it, so I'm not 100% sure. I changed my name about 3 weeks ago. I may change it again to the Ghost of Cliff Politte, because if he doesn't stop sucking, I may have to kill him. I'll PM you the lawyer info. The property is in Alsip so calling Plainfield might not do much good.. Quote Link to comment Share on other sites More sharing options...
Texsox Posted June 22, 2004 Share Posted June 22, 2004 The property is in Alsip so calling Plainfield might not do much good.. Is this your primary residence? Are you buying another or taking the profit? Watch the tax implications also. Quote Link to comment Share on other sites More sharing options...
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