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Archive for June, 2007

How to Handle Property Disclosures

Friday, June 15th, 2007

As a for sale by owner home seller, you are responsible for completing many of the steps that a real estate agent would typically handle for you.  Most likely you’ve already fixed up the inside and outside of your home, done your market research and have a listing price for your home, and also begun advertising.  Now you’re ready to accept an offer on your home, right?  Well, not quite.  Before you begin entertaining offers from prospective buyers, you first need to prepare property disclosures.

Property disclosures include information that pertains to the property condition or location.  This includes pieces of information like the age of the property, problems with the property or components, appendages that might extend beyond the property boundaries, and shared driveways.  Any of these facts could affect the buyers decision to purchase the home and must be disclosed. 

Because of this you will need to fill out a property disclosure report about your home.  I have a property disclosure form on my website called the Real Estate Condition Report which you’re able to download and complete for a buyer.  If you are not sure if you need to disclose any other information consult a real estate professional such as an attorney who specializes in real estate.  They will be well versed in real estate law and can give you guidance on the necessary information to give to buyers.

An example of a property disclosure that you must fill out is the lead-based paint disclosure if your home was built prior to 1978.  This is a property disclosure that is required by federal law.  With this property disclosure, the buyer is given 10 days to conduct an inspection for lead based paint.  You could face a lawsuit if this is not done and the buyer later discovers that the home indeed has lead paint.

Buyers must also be given material facts.  This is any information about the home that would affect the buyer’s decision to purchase or the price they offer.  This means that you have to tell buyers any defects about the home, especially if these defects could potentially cause the buyer not to purchase.  At first thought, you might be cautious to reveal this information as it could cost you a sale, but consider the alternative of being sued for thousands of dollars because the buyer was negatively impacted by a material fact that you did not disclose.

While it might not first seem like it, property disclosures are designed to protect both buyer and the seller of the home.  Buyers are given all the facts they need to make an informed purchase decision.  Sellers are protected from lawsuits by buyers that claim they were not informed.  You should also keep a record of property disclosures given to your buyers, especially if that buyer ends up closing the deal.

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The Top 6 Obstacles to Overcome in the FSBO Process

Tuesday, June 12th, 2007

Proceed CautiouslyMany homeowners start the FSBO process with little knowledge about the home selling process.  How concerned should you be about this?  I don’t believe you need to be concerned at all as long as you understand that it will be extremely important to gain some knowledge about how the process works as well as the best ways to market and advertise you home.  When you choose to sell your home for sale by owner you will be taking on the responsibility of attending to every facet of the home selling process.  Knowing the possible obstacles will help prepare you for the process ahead.

Obstacle #1: Setting the Asking Price

The asking price is and can be one of the most attractive (or unattractive) features of your home.  Many for sale by owner’sunwisely set their home price based on what they believe the home is worth.  In many cases, this price doesn’t truly reflect the value of the home.  You should set your price according to the market, not your personal beliefs of the home’s worth.  Two great ways to get “your number” is to check what’s for sale currently and looking at the asking price or a second alternative is to have an agent perform a market analysis of your home.  Many realtors perform this for free because it is a great way for them to get their foot in the door to gain a listing.  The agent will check the MLS looking for properties that are similar to yours and what they actually sold for as well as homes that are currently on the market.

Obstacle #2: Not Being Familiar with the Home Selling Process

Many homeowners start the FSBO process behind the eight ball, so to speak, when it comes to selling their home.  The process consists of more than putting a sign in the front yard and signing over the deed to the property.  This lack of education can prove to be a tough hurdle to overcome in the for sale by owner transaction.  You’ll be best served by educating yourself as much as possible about the home selling process.  Doing some research on the internet will prove to be extremely helpful.  Here is a Seller Information page that will be a great help in getting you underway.

Obstacle #3: Managing Your Time to Answer and Return Phone Calls and Showing the Home

Consider that a real estate agent spends a large part of his or her day answering and returning phone calls from prospective buyers.  Many agents have secretaries that do this work for them.  As a for sale by owner seller, you will have to find the time to respond to buyers and show your home to them.  It will be important to make answering and returning phone calls a priority during the sale of your home.  Make sure you have voice mail or an answering machine so buyers can leave a message when you are unable to be reached by phone.  It is also important to return phone calls in a prompt manner.  Your home will not be the only home on a buyers list so do your best to return phone calls in the shortest amount of time possible.

Obstacle #4: Buyers Will Feel Uneasy Discussing Shortcomings or Disadvantages of Your Home

Try to be as objective about your home as possible.  It will be impossible for you to overcome the fears of buyers if they are not comfortable voicing their concerns with you.  Create an impression of openness and don’t overreact if a buyer expresses dislike in any aspect of your home.

Obstacle #5: Negotiating with Buyers

It is likely that you will work with buyers who know exactly what they are looking for in a home.  Your goal is to find a place where both your needs and the buyer’s needs are met.  Negotiating is a key skill in the for sale by owner home selling process.  Reading books and literature on negotiating could prove to be very helpful in this process.  When you are negotiating it is important to view the process from a buyers perspective because they are the ones you’re trying to satisfy.  Many of you will already have some knowledge when it comes to negotiations because you do it as a part of your career, so make sure you take advantage of that when you are meeting and discussing the final sales price with a potential buyer.

Obstacle #6: Buyers Who Get Cold Feet After Signing the Sales Contract

Once the sales contract is signed, it doesn’t mean the for sale by owner process is complete.  A few buyers will experience buyers remorse and start wondering if they made the right decision by wanting to purchase your home.  Some will look for ways to sabotage the deal because they are fearful of committing.  Try to stay positive until the end and continue to work to meet the buyer’s reasonable requests.  The easiest way for a buyer to back out is after the home inspection so do your best to have your home in the best condition possible.  If you are unsure of how your home might fare when it’s inspected you might want to consider having an inspection done prior to putting your home on the market.  Why?  Because you’ll now know what fixes should be done and you’re able to pick and choose the ones that you feel you want done before you begin showing your home.  Plus many times the buyers would wave another home inspection as long as you had your inspection performed by a reputable company and can prove that you made the fixes recommended in the report.

The FSBO process is not easy, but with a little knowledge anyone is able to sell a home by owner.  It’s important to weigh your options on whether to proceed by yourself or with an agent, but more and more people are choosing to sell FSBO.  A little planning, education, time commitment, and negotiation skills and you’re well on your way to saving thousands by skipping the realtors commission.

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