Selling my home and need advice?

Question

I'm selling my home by owner if I was to get an offer and take it are there any legal documents to sign before we go into closing? How can I get the proper docs or do I just meet them at the closing office?

Answer 1

You need an attorney. If you just have a title company do it, how do you know that everything is up-and-up? There are tons of things about inspections and warranties and state laws and who has to pay for what repairs and FHA loans and assuming loans and stuff.
Once i sold a house and didn't have an attorney and it turned out later that the people who bought it never actually promised to pay the payments in writing. (i let them assume the loan).
How is the closing office/title company getting paid?

Answer 2

Here is the answer to your question:

IF you are in California, YOU DONT need an attorney to handle the transaction. You can ask for help at the title company. The title companies in CA act also as an Escrow company. They will help you with most things except negotiate and writte up the contract. This is why you need a Realtor.

California is different from other states so in varios other states you do need an attorney for the transaction as well as a Realtor & Title company.

You DONT need a Realtor to sell your home BUT if you are not very sure where and how to ge the all the contracts and how to fill them out, I would suggest you do get a Realtor. There are MANY legal issues that could go wrong if you dont know 100% what you are doing.

Good luck

Answer 3

Save yourself 7 years of worry, thats how long you can be sued after the closing for not having the proper disclosures made available and signed by all parties. I work for a mortgage broker, and in 3 months we have been summoned 3 times in 1 county to provide closed loan files for borrowers. These buyers are currently suing the sellers of For Sale By owner properties they purchased. All of these transactions happened in the last year, and could be due to buyers now worried they over paid. It seems they are looking to make the sellers pay for any little item that was over looked. The scariest thing is attorneys are probably offering thier services based on a future montary award.

Try US Legal forms on the internet, I heard someone say if the sellers had spent $19.95 they might have avoided the pending suits filed in court.

Answer 4

you need an attorney. Once they make an offer and you accept it they need to sign a document binding that offer as an intent to sell at that agreed price. That way you can go into attorney review.

Answer 5

exactly why you do not want to do what you are... realtors can provide EVERYTHING you could possibly require to complete real estate transaction properly. Not only that, but you have a better chance of getting better offers by listing your home with a realtor. Good luck and shhot an email if you want to discuss further!

Answer 6

Your title company can provide you with all the legal documents you need!

Answer 7

you need a realtor!

but, if you are determined to do this on your own, look up the "___(your state here)____ Association of Realtors" and see if they have forms on their website for sales contracts/etc. or talk to the attorney who will handle the closing process and have them provide the forms. if it's not in writing, it's still legal, but it's NOT enforcable.

Answer 8

you need to contact a local real estate escrow title company and have them help you with a for sale by owner program. they usually dont charge much or will just charge minimum to you but it will help you assure that everything is done correctly and legally for you and the new buyer.

Answer 9

choose a good title company. they will have all the necessary documents. they charge a nominal fee but it is well worth it to both you and the buyer. this fee can be paid by either party or agreed by both to split the fee, either way it is well worth it.