Thursday, July 28, 2011

FSBO: A PAPERWORK NIGHTMARE - A LAWSUIT JUST WAITING TO HAPPEN!



FOR SALE BY OWNER!  Let's face it, I have always been one to think I 'know it all'.  (I know, I hate people like that, too!)  But when a homeowner decides he knows enough about selling his own home without representation from a professional, here come the lawsuits.  I mean, purchase contracts and all the disclosures are quite a bit of CONTRACT LAW.  (Ya, I watched all those lawyer shows in the 90's.)  The homeowner in trying to save a few bucks could actually end up spending all that and more in court after the paperwork was not properly completed, he FORGOT to disclose something, etc.
Mimi, in this blog below sums it up pretty well.  Thanks MIMI!




FSBO: Paperwork nightmare 
As a long-time real estate professional, I certainly understand people’s desire to try to sell their home as an Unrepresented Seller, also known as a FSBO
Having spoken with scores of them, I not only have a keen understanding of what motivates them, I also see clearly that there are things that FSBOs don’t consider when they embark on what appears to be an easy journey to try to save the cost of a commission. 
So over the course of the past dozen years or so, I have put together a 25 page booklet that shares some of this information that a FSBO may not have considered. I not only give them tips on preparing their home to its best advantage, but I also point out some dangers and headaches that they may encounter along the way.  I offer them the ability to call me to ask questions that they might have as they go thru this process (within reason, of course), understanding that very few will make it to the closing table without the assistance of a Realtor. 
The following is a list of a few items of PAPERWORK that the FSBO will have to deal with in his/her journey as an Unrepresented Seller
  • Figure out a reasonable price
  • Take pictures and design and print brochures
  • Write ads (that will rank on Google)
  • Figure out where to publish ads
  • List of completed repairs you’ve done on your home
  • Verify HOA fees and all CC & Rs
  • fsbo paperwork nightmareOrder twelve months of utility bills
  • Provide HOW? Which company?
  • Follow up on showings
  • Supply reasonable comparables
  • Negotiate offer and options with Buyer
  • Make sure Buyer is financially qualified
  • Write binding Contract
  • Write Seller’s Property Disclosure
  • Write Lead-Based Paint Disclosure
  • Prepare Counterproposal
  • Find a Title Company
  • Deliver Contract to Title Company
  • Document and Deposit Earnest Money
  • Order Title
  • Get Title to Buyer
  • Order mortgage payoff
  • Negotiate Notice of Unsatisfactory Conditions
  • Get repair estimates
  • Meet inspection resolution deadline
  • Send receipts to Buyer/Agent
  • Develop closing cost estimates
  • Order an appraisal
  • Track appraisal
  • Check appraisal for any conditions for closing
  • Continue to check with lender on loan progress
  • Resolve any Title disputes
  • Schedule closing
  • Make sure Closer has all necessary documents
  • Review HUDs
  • When do you have to be out?
  • What if it doesn’t close?
  • Do you continue to show house?
  • Can you take another offer?
  • Legal Liability for paperwork errors
This is just the tip of the iceberg.  Could this be part of the reason that less than 3% of closings are FSBO ?
Please feel free to add to this list in the Comment section below.
FSBO: Paperwork nightmare was written by Mimi Foster

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If you would like to Search for Homes in Colorado Springs, CO, or for any of your other real estate needs, please contact your Colorado Springs Realtor

 Colorado Springs Realtor Mimi Foster
                             RealtyCOSpringsFacebook buttonLinked IntwitterMimi's Blog Like ButtonMLS Search button                                       
    
Selling homes throughout Colorado Springs, Old Colorado City,
Manitou Springs and surrounding areas with a
Specialty in Victorian and Vintage Homes in 
Downtown Colorado Springs
Warmest Regards,
Linda K. Mayer, 

Realtor, Office Manager
A Realtor you can Trust!
(626) 824-8927 Cell

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