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OT** FSBO Purchase Agreement ** OT

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ColtsFan
ColtsFan Posts: 6,340

Greeting EggHeads,

I'm venturing down the path of selling a property FSBO. I have a party interested in the property and they have already walked through the house. We're getting close to agreeing on a price and I'm looking for some advice/personal experiences when it comes to the purchase agreement.

Should I just use a basic purchase agreement that defines the terms of the sale that can easily be found online? Hire a Real Estate lawyer to draft one or just let the buyer submit an offer and let their Title Company handle it?

Thoughts? Advice? Experiences?

Thanks in advance! This is all new to me.

~ John - https://www.instagram.com/hoosier_egger
XL BGE, LG BGE, KJ Jr, PK Original, Ardore Pizza Oven, King Disc 
Bloomington, IN - Hoo Hoo Hoo Hoosiers!

Comments

  • caliking
    caliking Posts: 18,731
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    We sold a condo in Chicago (on Craigslist) 10+ years ago. The buyers had a realtor, so they submitted the offer. Our backup was to use a standard template available online. We did have a lawyer review it before accepting, to cover our bases. The lawyer cost ~$300 at that time, but was far less than what we would have paid a realtor.


    #1 LBGE December 2012 • #2 SBGE February  2013 • #3 Mini May 2013
    A happy BGE family in Houston, TX.
  • westernbbq
    westernbbq Posts: 2,490
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  • SonVolt
    SonVolt Posts: 3,314
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    Used a realtor on my 1st home purchase and wrote him a check for $16,000 for showing my house twice and showing up for closing. That's like $4,000 an hour.

    On my 2nd home purchase we met the seller at our lawyers office and wrote a check for $300. No realtor.

    As a seller I'd never use a realtor again.

    South of Nashville  -  BGE XL  -  Alfresco 42" ALXE  -  Alfresco Versa Burner  - Sunbeam Microwave 
  • etherdome
    etherdome Posts: 471
    edited May 2019
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    I have bought and sold many homes fsbo. It all depends if you are up to the task. I would (and have before) just download a state specific purchase agreement . Here in SC a lawyer is always involved in the closing anyway and they will tell what else you need . It’s a little stressful the first time but you will see it’s amazingly easy. The hardest part of fsbo , is the negotiating price , inspection fixes , closing costs etc without the “mediators”...ie real estate agents. People tend to get very emotional and make stupid decisions over really petty stuff.

    Upstate SC
    Large BGE,  Blackstone, Weber genesis , Weber charcoal classic
  • stlcharcoal
    stlcharcoal Posts: 4,684
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    Visit a transaction brokerage real estate office or just use a title company. If an agent isn't going to represent either party, they can just act as a transaction broker for a flat fee. They can use the local board forms and make it easy. I've done plenty of deals like that for local folks where they just needed me to do the paperwork for them.

  • xfire_ATX
    xfire_ATX Posts: 1,113
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    We bought this house FSBO/ before it went up for sale. The seller had a friend RE agent that handled the paperwork for a small fee from the seller.

    XLBGE, LBGECharbroil Gas Grill, Weber Q2000, Old Weber Kettle, Yeti 65, Yeti Hopper 20, RTIC 20, RTIC 20 Soft Side - Too many drinkware vessels to mention.

    Not quite in Austin, TX City Limits
    Just Vote- What if you could choose "none of the above" on an election ballot? Millions of Americans do just that, in effect, by not voting.  The result in 2016: "Nobody" won more counties, more states, and more electoral votes than either candidate for president. 
  • stlcharcoal
    stlcharcoal Posts: 4,684
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    Yeah I'd usually charge like $400-500 if it was a piece of property between family members....cash deal, no inspections, that kind of thing. More like $1000-1500 if it was going to be work though. Theres still liability and duties for me even as a transaction broker.

    @ColtsFan where you at? I can see if we have an office in your town. I'll can call the broker and see if it's anything they can help with.

  • fishlessman
    fishlessman Posts: 32,754
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    i would think its different in every state but i would talk to a closing attorney first here in mass.

    fukahwee maine

    you can lead a fish to water but you can not make him drink it
  • xfire_ATX
    xfire_ATX Posts: 1,113
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    I have no idea what he paid but even if its $3k its cheaper than 2 agent commissions.

    XLBGE, LBGECharbroil Gas Grill, Weber Q2000, Old Weber Kettle, Yeti 65, Yeti Hopper 20, RTIC 20, RTIC 20 Soft Side - Too many drinkware vessels to mention.

    Not quite in Austin, TX City Limits
    Just Vote- What if you could choose "none of the above" on an election ballot? Millions of Americans do just that, in effect, by not voting.  The result in 2016: "Nobody" won more counties, more states, and more electoral votes than either candidate for president. 
  • ColtsFan
    ColtsFan Posts: 6,340
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    Thanks Jonathan. One of my clients (Law Firm) is going to draw one up for me.

    Thanks for the offer!

    ~ John - https://www.instagram.com/hoosier_egger
    XL BGE, LG BGE, KJ Jr, PK Original, Ardore Pizza Oven, King Disc 
    Bloomington, IN - Hoo Hoo Hoo Hoosiers!

  • ColtsFan
    ColtsFan Posts: 6,340
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    Thanks for the feedback

    ~ John - https://www.instagram.com/hoosier_egger
    XL BGE, LG BGE, KJ Jr, PK Original, Ardore Pizza Oven, King Disc 
    Bloomington, IN - Hoo Hoo Hoo Hoosiers!

  • GoooDawgs
    GoooDawgs Posts: 1,060
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    Just bustin your balls @ColtsFan Ask away

    Milton, GA 
    XL BGE & FB300
  • Ozzie_Isaac
    Ozzie_Isaac Posts: 19,045
    edited May 2019
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    You do not understand the costs or hours associated with listing, advertising, contracts, etc. Not to mention the commision splits involved in a transaction. I have generally found a good realtor is able to maximize my selling price limit my liability, and ensure everything happens in the required time lines. There are a lot of "door openers" who are definitely not worth their commision, that is why you should interview first and understand what they are providing.

    I have bought 2 FSBO houses and was very happy. The homes sat on the market even though they were priced under market value, but lack of exposure, poor presentation, and hard to reach sellers worked heavily in my favor when it came to final negotiations. A good realtor would probably have sold their house months sooner and easily 5-10% higher on price.

    With that said, if I was in @ColtsFan 's position and I was happy with the price I would find a transaction coordinator or a realtor who would work the deal for $500 or so. Let them schedule everything, do the paperwork and coordinate with Title.


    *Full disclosure, I have friends who are escrow officers, title officers, real estate attorneys, loan officers, brokers, and real estate agents. I have seen deals go side ways and they can get messy. I find representation beneficial, but then again I also use a CPA and a tax attorney instead of TurboTax. I may just be old school.

    A bison’s level of aggressiveness, both physical and passive, is legendary. - NPS
  • Ozzie_Isaac
    Ozzie_Isaac Posts: 19,045
    edited May 2019
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    I find this forum to be a pretty comprehensive cross section of America (occasional former Colonizers and some Canadians too). Folks here have a wealth of knowledge and experiences outside of BBQ. Most of us have pay for our hobby somehow.

    This is actually one of the first places I come.for general advice, just like I ask my IRL friends. I know I will get pointed in the right direction and not have to join another forum and to ask some noob question. I do not end my search here and I wouldn't use the advice in court, but it is a great place to start.

    A bison’s level of aggressiveness, both physical and passive, is legendary. - NPS
  • stlcharcoal
    stlcharcoal Posts: 4,684
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    Here's somebody that gets it......Anytime I've listed a house, I've more than paid for myself with the 3.3% that we get on the listing side. We advertise the hell out of the listing, advertise the good points, get great photography, stage the house, negotiate with the other side (keeping the emotional buyer and seller out of it), and then save the seller money by negotiating the inspection resolution & title fees. Good Realtors pay for themselves 2x over.

    On a $300K house, it's $10K for the sell side.....but I maybe got $20-30K more for that house than you would have on your own. Not because I'm snake or anything, I just have access to a lot more places to target advertise and have the credentials/experience to back up the listing price. Buyer's agents don't want to deal with the seller directly. Regardless of how nice you are, you're labeled as cheap, uneducated, and unreasonable on the price. Plus, that agent gets stuck with twice as much work, liability, etc, and only one side of the commission. So, buyer's agents do NOT want to show FSBO houses and that's a major problem for sellers.

    Yes, there are a lot of crappy realtors out there......tour guides and chauffeurs with a license. Get a referral and do your homework before hiring ANYONE to be your fiduciary. Just because somebody's "friend" is a realtor, doesn't mean they are any good at it. And just because they have a billboard, radio ad, or other flashy advertising, that doesn't mean anything either.

  • Gulfcoastguy
    Gulfcoastguy Posts: 6,296
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    I once sold some land FSBO. I split the lawyers fee with the buyer and told him anything else was on him: survey, title search etc. We prorated the property tax for that year. Generally if he has a mortgage on it , they will insure all necessary paperwork is done.

  • YukonRon
    YukonRon Posts: 16,989
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    Great thread, thank you for posting.

    I have garnered significant insight on an exercise I have had some concerns about which we will be considering, as we move towards retirement.

    In a neighborhood such as ours, where homes receive offers, and typically are agreed upon in less than 24 hours after being listed, it really makes you reconsider how you may wish to sell your property.

    This has been a very interesting read for My Beautiful Wife and I.

    I certainly appreciate the shared experiences and insight.

    "Knowledge is Good" - Emil Faber

    XL and MM
    Louisville, Kentucky