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"Meat-in-the-Middle" Toughest for FSBOs
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Source: Julie Garton-Good ©2001
You
want to try to sell your home by yourself. But you're concerned about
the amount of time it will take as well as which parts of the
FSBO experience will be the toughest. And what about
the legalities involved? Will you know what paperwork
to do and when?
For-sale-by-owners often realize that the adage, "a
little knowledge is a dangerous thing" aptly
applies to their eager naivete. That's why it's
important to determine up front what's involved, what you will be capable of
doing, and identify which seller' activities are perhaps
out of your comfort zone. This is especially
important in a seller's market, when the FSBO may
believe that his job is over once the buyer is found. In reality, his job has
just begun! The toughest part of the transaction for
FSBOs is what I term the "meat-in-the-middle".
This is the period of time after you've advertised for a
buyer, a serious one is found, and you must then put the sale together and
bring it to a successful close (the most important
part!) Similar to a sandwich, the "meat"
includes vital components like negotiating with the
buyer, writing up the purchase and sales agreement and making sure the
buyer follows through on applying for a mortgage (if required.)
The majority of real estate transactions that fall
apart do so as a consequence of inadequate
preparation midstream in the sale.
The most difficult part (with the
highest liability for the seller) is the due
diligence that the seller must provide to the buyer during the "meat"
phase of the transaction. A term often used in the
legal profession, due diligence means that that FSBO
must make sure that pertinent information about the
property and the circumstances of the sale are shared with the buyer.
For
FSBOs, this may more accurately be termed "do" diligence since many
of these activities require the seller to DO something.
These include (but are not limited to) filling out
property disclosure forms and fact sheets, locating
information regarding CCRs (conditions, covenants and restrictions) on the
property and documenting information about any local
improvement district (LID) liens/financial
obligations for sidewalk or lighting improvements, etc.
that would transfer with the property at closing, becoming the responsibility
of the buyer. Unless all of the i's are dotted and the
t's crossed, the buyer might have recourse to back
out of the sale, or worse yet, sue the seller.
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