Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-09-2013, 02:49 PM
 
Location: Hendersonville, TN
362 posts, read 645,167 times
Reputation: 312

Advertisements

I have a real estate attorney. I have purchased and sold homes in the past by FSBO. But I'm not against hiring an agent if I want to sell faster than sitting around and waiting. But was just curious since I have done a lot of promotional to date (besides paying for an MLS listing, which is up next)
Reply With Quote Quick reply to this message

 
Old 11-09-2013, 03:07 PM
 
Location: Georgia
4,578 posts, read 5,657,648 times
Reputation: 15968
Quote:
Originally Posted by Mi shots View Post
I have a real estate attorney. I have purchased and sold homes in the past by FSBO. But I'm not against hiring an agent if I want to sell faster than sitting around and waiting. But was just curious since I have done a lot of promotional to date (besides paying for an MLS listing, which is up next)

By the time you finish paying for the MLS listing, the photographs, the flyers, etc., etc., you may have saved some money, but I guess it just depends on what your time is worth, too.

If you've been getting a lot of looks but no buyers, you might want to have an agent do a comparative market analysis to determine if you're in the market or not.

Otherwise, put out a sign, put up balloons, offer cookies and coffee . . . have at it! :-)
Reply With Quote Quick reply to this message
 
Old 11-09-2013, 08:08 PM
 
9,891 posts, read 11,750,656 times
Reputation: 22087
Quote:
You can also hire an agent just to write the contract for you. Since you obtained your own buyer, some (maybe many) will do this. I've seen charges from $500 to 1%, just to write the contract. Or, if you have that real estate attorney, the buyer's agent can write it and you can have your attorney review it.
In most states, this is against the law. The agent may only write the contract as you say, if the house is listed with their office, or with another office. To make it legal when an agents sells FSBO home, they first get a 1 party listing for that particular buyer to give them the legal authority to sell the home and by writing that contract they are doing it as the selling broker.

Just writing a contract for the owner, is considered 'Illegal Practice Of Law" according to my old University Law Professor, and classes put on by the National Association Of Realtors.
Reply With Quote Quick reply to this message
 
Old 11-09-2013, 08:52 PM
 
Location: Cary, NC
43,249 posts, read 77,010,637 times
Reputation: 45595
Quote:
Originally Posted by oldtrader View Post
In most states, this is against the law. The agent may only write the contract as you say, if the house is listed with their office, or with another office. To make it legal when an agents sells FSBO home, they first get a 1 party listing for that particular buyer to give them the legal authority to sell the home and by writing that contract they are doing it as the selling broker.

Just writing a contract for the owner, is considered 'Illegal Practice Of Law" according to my old University Law Professor, and classes put on by the National Association Of Realtors.
North Carolina would not be one of those states.
I can write up an offer for a buyer and negotiate it to contract on any property, regardless whether it is listed with a firm, or a FSBO, or whether I have an agreement with the seller or not.

Of course, I would use the NCAR standard Offer to Purchase and Contract, so it would be inapplicable to say I was writing a contract. I would be writing an Offer.
Reply With Quote Quick reply to this message
 
Old 11-09-2013, 10:10 PM
 
Location: MID ATLANTIC
8,672 posts, read 22,896,900 times
Reputation: 10512
I'm pretty sure it's not an issue here, either - (Virginia)

We just had a large RE firm waive all commissions (and the agent's, his) on a particular seller's current home (agent wrote contract), where he had a buyer, in return for the commission on the seller's move up home.

And I had one similar to the OP's and the agent just wrote the offer up for 1%. (split with her agency). The seller and buyer had problem after problem with each other, but the agent's job was done.
Reply With Quote Quick reply to this message
 
Old 11-10-2013, 05:44 AM
 
8,005 posts, read 7,203,393 times
Reputation: 18170
Quote:
Originally Posted by MikeJaquish View Post
North Carolina would not be one of those states.
I can write up an offer for a buyer and negotiate it to contract on any property, regardless whether it is listed with a firm, or a FSBO, or whether I have an agreement with the seller or not.

Of course, I would use the NCAR standard Offer to Purchase and Contract, so it would be inapplicable to say I was writing a contract. I would be writing an Offer.
Yep. Add Florida to the states where this is acceptable. I've done it many times.
Reply With Quote Quick reply to this message
 
Old 11-10-2013, 08:35 AM
 
Location: Needham, MA
8,547 posts, read 14,000,215 times
Reputation: 7929
Quote:
Originally Posted by MikeJaquish View Post
North Carolina would not be one of those states.
I can write up an offer for a buyer and negotiate it to contract on any property, regardless whether it is listed with a firm, or a FSBO, or whether I have an agreement with the seller or not.

Of course, I would use the NCAR standard Offer to Purchase and Contract, so it would be inapplicable to say I was writing a contract. I would be writing an Offer.
In MA an offer form is considered a contract. So, I would not be able to just write up an offer or act on their behalf in any way for someone who is not my client.
Reply With Quote Quick reply to this message
 
Old 11-10-2013, 08:57 AM
 
Location: Cary, NC
43,249 posts, read 77,010,637 times
Reputation: 45595
Quote:
Originally Posted by MikePRU View Post
In MA an offer form is considered a contract. So, I would not be able to just write up an offer or act on their behalf in any way for someone who is not my client.
Interesting.

Seller Subagency is still alive and well here, and that Subagent really has no agency contract with seller or buyer.
Reply With Quote Quick reply to this message
 
Old 11-10-2013, 09:02 AM
 
Location: Martinsville, NJ
6,175 posts, read 12,930,613 times
Reputation: 4020
Quote:
Originally Posted by Mi shots View Post
So don't bite my head off. Not saying I'm doing his but wanted your opinion.

Many articles, threads, blogs, etc... say if there is an "Open House" in your community, you can maximize your exposure for your home.

What are your feelings about a home seller placing a "For Sale" sign with contact info on their home (with flying balloons to attract attention) when there is an open house 3 houses away?
I may be missing something. What possible issue could anyone have with a homeowner doing whatever they want on their property at any time they like, to promote the sale of their own house? Is there some aspect of this I don't see?
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate
Similar Threads

All times are GMT -6. The time now is 12:11 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top