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We have decided to sell our house... (Original Post) ret5hd Mar 15 OP
Perhaps an attorney that specializes in property sales contracts? h2ebits Mar 15 #1
thank you...i don't know why the obvious... ret5hd Mar 15 #6
Make sure it's a real estate/land use attorney! Bobstandard Mar 15 #15
+1 on this... Happy Hoosier Mar 15 #36
Boxes you can carry without straining your back. blm Mar 15 #2
Good Gawd i'm glad you posted that! ret5hd Mar 15 #5
... and if you use that wide plastic tape to close them, go for the expensive kind -- fierywoman Mar 15 #13
Yup blm Mar 15 #17
Your local liquor store is the best place to get free boxes. Phoenix61 Mar 15 #24
However, in certain places (I'm outside of Seattle) it was impossible to get fierywoman Mar 15 #29
Get a good local lawyer PJMcK Mar 15 #3
thank you, yes. that is now the plan. ret5hd Mar 15 #7
Good luck with your transaction! (n/t) PJMcK Mar 15 #10
Make sure you use a real estate attorney. Hassin Bin Sober Mar 16 #40
The contract should be for sale "As Is" Deuxcents Mar 15 #4
thank you, yes. ret5hd Mar 15 #8
Correct.... democratsruletheday Mar 15 #33
Spot on! democratsruletheday Mar 15 #34
Thanks all! Got the needed guidance. ret5hd Mar 15 #9
Pack your bags... 2naSalit Mar 15 #11
So true about the bags. Hope22 Mar 15 #31
Seems like... 2naSalit Mar 15 #32
Couple of ForgedCrank Mar 15 #12
Sales contract templates are available online. Thunderbeast Mar 15 #14
Find a good title company/agency. flvegan Mar 15 #16
The seller selects the Title Company. MOMFUDSKI Mar 15 #25
Even if no realtor is involved, I would still require them to pay for a home inspection before the closing date. beaglelover Mar 15 #18
One of my best friends has been in real estate for over 40 years. MerryBlooms Mar 15 #19
The buyer can pay for a home inspection if they MOMFUDSKI Mar 15 #26
We are also selling this spring. honest.abe Mar 15 #20
I've moved a lot. llmart Mar 15 #37
Pick a place that does "closings". They will MOMFUDSKI Mar 15 #21
I used an attorney for my last sale. He only charged me a hundred bucks. Hassin Bin Sober Mar 16 #39
Title companies do .oat of the work. sinkingfeeling Mar 15 #22
It is called a MOMFUDSKI Mar 15 #23
I used a lawyer. Cost me 800 bucks. SarahD Mar 15 #27
Oops. I forgot. Your friend is getting a mortgage, right? SarahD Mar 15 #30
Good to know. I just know how easy it was for us to cash buy. MerryBlooms Mar 15 #35
Lawyer Rebl2 Mar 15 #28
Look up FSBO in your state. Rules vary. usonian Mar 16 #38
The 6% commission on buying or selling a home is gone after Realtors association agrees to seismic settlement Celerity Mar 16 #41

h2ebits

(646 posts)
1. Perhaps an attorney that specializes in property sales contracts?
Fri Mar 15, 2024, 05:55 PM
Mar 15

The contract is too important for you to NOT have an attorney to dot the i's and cross the t's.

ret5hd

(20,523 posts)
6. thank you...i don't know why the obvious...
Fri Mar 15, 2024, 06:05 PM
Mar 15

didn’t immediately come to mind. As it happens, we have another friend…even within walking distance…that fits this description!

Bobstandard

(1,328 posts)
15. Make sure it's a real estate/land use attorney!
Fri Mar 15, 2024, 06:26 PM
Mar 15

There are lots of subtitles to real estate contract law. Not just any lawyer will do.

Happy Hoosier

(7,395 posts)
36. +1 on this...
Fri Mar 15, 2024, 09:10 PM
Mar 15

Did this on our last sale. Find a lawyer that does property sales and get a flat rate. Should be a lot cheaper than a realtor.

fierywoman

(7,694 posts)
13. ... and if you use that wide plastic tape to close them, go for the expensive kind --
Fri Mar 15, 2024, 06:17 PM
Mar 15

the cheap kind is worthless. Consider also using cheap plastic cord for the heavy boxes (wrapped on four sides like ribbon on a gift ) -- makes it easier to grab and lift.

Phoenix61

(17,019 posts)
24. Your local liquor store is the best place to get free boxes.
Fri Mar 15, 2024, 07:06 PM
Mar 15

Crown Royal ones are the best. I’m sure my neighbors thought I was a serious party girl when I moved in.😂 Walmart liquor stores usually have a ton of boxes.

fierywoman

(7,694 posts)
29. However, in certain places (I'm outside of Seattle) it was impossible to get
Fri Mar 15, 2024, 08:21 PM
Mar 15

more than one or two liquor boxes. I learned that (if you have a Trader Joe's nearby), you can go to TJ's during the 1/2 hour before closing and pick up all sorts of boxes (some of which are stronger than wine boxes!) and they're already broken down (easier to transport, easy to make into boxes again. ) The TJ people even talked about giving me the entire night's boxes as the store closed (at 9 pm) (They're into recycling. )

If you order new boxes online, last I looked ( +/- six years ago) they were cheaper than the ones at either Home Depot or Lowe's -- and they deliver to your house.

Good luck! (I hate moving more than most anything.)

PJMcK

(22,050 posts)
3. Get a good local lawyer
Fri Mar 15, 2024, 05:56 PM
Mar 15

Ask around for recommendations. Interview a few till you find someone you feel a rapport with. They'll help you make things go smoothly.

Seriously, don't mess around since there's a good deal of money involved. As I told my nephew when he inherited my brother's estate, with substantial wealth comes great responsibility, (apologies to Spiderman).

Hassin Bin Sober

(26,343 posts)
40. Make sure you use a real estate attorney.
Sat Mar 16, 2024, 01:59 AM
Mar 16

They charge less as they work on volume. They are usually out all day bouncing around the title companies while the assistant is in the office.

I was doing a mortgage closing (I’m in the business ) for a client friend of mine and he was using his personal trust attorney and the guy was charging him like $2000 dollars. Yikes. I had to bite my tongue because the deal was set but that should have been, at the time, $500 bucks from a real estate attorney.

Plus the guy had no idea what loan docs he was looking at so he had me go over the loan papers. I didn’t mind doing it because that’s what I would do for a refinance. The forms are all standard but that’s when closing attorneys usually put on a show and pretend like they are ok’ing signatures.


The attorney of the seller can take less as a fee because he gets a cut of the title insurance policies since he gets to pick the title company. My last sale I answered a flyer for an attorney who only charged $125 for a sale closing. Between the policy the seller buys for the buyers warranty and the policy the buyer buys for their mortgage company, the fees are $2 - 3 grand. He gets like 40% (they disclose it at closing as an “affiliated business arrangement “)

Deuxcents

(16,351 posts)
4. The contract should be for sale "As Is"
Fri Mar 15, 2024, 05:59 PM
Mar 15

Document everything and depending where you live, make sure you have a reputable Title Company so it’s sold without any liability and your friends have a Warranty Deed. If closings in your state require an attorney, then make sure both you and your friends are covered under your state’s requirements. Good luck..people do it all the time. I’ve done it.

33. Correct....
Fri Mar 15, 2024, 09:00 PM
Mar 15

and the aforementioned Real Estate Lawyer can and will give you an itemized list of what you need to complete for the transaction. Don't worry or be intimidated, just do it. I'd ask around to family/friends/facebook for that lawyer, referrals are always best.

34. Spot on!
Fri Mar 15, 2024, 09:00 PM
Mar 15

and the aforementioned Real Estate Lawyer can and will give you an itemized list of what you need to complete for the transaction. Don't worry or be intimidated, just do it. I'd ask around to family/friends/facebook for that lawyer, referrals are always best.

2naSalit

(86,802 posts)
11. Pack your bags...
Fri Mar 15, 2024, 06:09 PM
Mar 15

Like you were going on vacation for a couple weeks and set that aside, live out of that, pack everything else for the move. And, like mentioned above, don't carry anything that feels heavy when you first try to lift it.

Hope22

(1,865 posts)
31. So true about the bags.
Fri Mar 15, 2024, 08:24 PM
Mar 15

We moved our great uncle and just assumed it was a local move so no worries. At the end of the day he was tired and we were scurrying to find pj’s, meds, toothbrush, you name it! Poor guy!

2naSalit

(86,802 posts)
32. Seems like...
Fri Mar 15, 2024, 08:29 PM
Mar 15

I've moved a million times, I learned a long time ago to put what you'll need aside for "living on" and everything else can be out of reach for a month or so.

That's always the best first thing to do, pack your backs for a long trip.

ForgedCrank

(1,782 posts)
12. Couple of
Fri Mar 15, 2024, 06:11 PM
Mar 15

things to note.
Todays friends are not always tomorrows friends, and money can be one of the things that changes that status.
Both the seller and the buyer should filter this entire process through title lawyers to make sure all the boxes are checked and all laws are complied to. It not only protects the buyer, it also protects you. It hurts to pay a couple of grand on it, but it's the best insurance you can buy for this sort of stuff.

Thunderbeast

(3,419 posts)
14. Sales contract templates are available online.
Fri Mar 15, 2024, 06:19 PM
Mar 15

Fill it out and take it to an escrow company. THEY do all of the work.

Most simple sales do not require lawyers (except in certain states).

flvegan

(64,416 posts)
16. Find a good title company/agency.
Fri Mar 15, 2024, 06:27 PM
Mar 15

If your state doesn't require a lawyer, one may not be necessary*. The title company will handle just about everything. If your friends are getting an institutional mortgage, title insurance is likely going to be required anyway.

*Nothing against lawyers, and I'm not suggesting that if one is desired, one shouldn't be retained.

MOMFUDSKI

(5,675 posts)
25. The seller selects the Title Company.
Fri Mar 15, 2024, 07:27 PM
Mar 15

Don’t pay an attorney. Title Company takes care to check for liens, etc. Their work is guaranteed.

beaglelover

(3,495 posts)
18. Even if no realtor is involved, I would still require them to pay for a home inspection before the closing date.
Fri Mar 15, 2024, 06:42 PM
Mar 15

Selling a home 'as is' won't necessarily protect you if something egregious is found after the sale.

Also, buy them a home insurance policy for 1 year to ease any nerves they may have. The policies are not expensive and give the new buyers peace of mind.

MerryBlooms

(11,772 posts)
19. One of my best friends has been in real estate for over 40 years.
Fri Mar 15, 2024, 06:43 PM
Mar 15

She arranged our cash buy. She also knows pretty much every go-to person/companies for inspections, repairs, installing, etc... In our area. Not sure how expensive a lawyer is to handle your sale, vs a realtor? I know she's not making as much as a lawyer. And, she did the paperwork in one visit. So, you went into this super important land transaction blind, but totally against expertise help, asked rando internet folks for advice? One of you in this transaction needs someone who knows what they're doing. Not sure how long you have live in your area, or what kind of friends you have, but I hope one of your friend locally can point you to someone they know and trust, in the business. Good luck, and all the best in yours. 🤗

honest.abe

(8,685 posts)
20. We are also selling this spring.
Fri Mar 15, 2024, 06:46 PM
Mar 15

It is a challenge. The biggest issue for us is packing and getting rid of stuff we dont need. Also the logistics. When, where, how and the timing of everything. Its very complicated. We have a Redfin selling agent to help us. But its still seems overwhemling. Good luck!

llmart

(15,555 posts)
37. I've moved a lot.
Fri Mar 15, 2024, 09:14 PM
Mar 15

Different parts of the country, etc. This is how I became a minimalist. I don't mean I live like a pauper or only have one plate, one knife, one fork...you get the picture. But it does mean that with every move I whittled down more each time. I would start packing and see something still in a box that I paid to move the last time and had never had the occasion to even look for it again. That's when I realized it was time to let go.

Hopefully you don't have a lot of books because those suckers are heavy and you can only get so many in a box before you can no longer lift it. I work in a library and we have huge used book sales. We get so many donations we don't have enough time to process them all! I no longer buy or keep many books.

I love having a noncluttered house where everything has a place and I know exactly where it is and can put my hands on it readily. I don't have enough years left on this earth to waste on looking for "stuff".

It might seem overwhelming at first, but try to look on it as a new adventure. I handle change much easier now than I did in my younger days. I learned the value of looking at each move as learning something new. It's good for the brain!

Hassin Bin Sober

(26,343 posts)
39. I used an attorney for my last sale. He only charged me a hundred bucks.
Sat Mar 16, 2024, 01:37 AM
Mar 16

I’m in the mortgage business so I have somewhat of an understanding of how the title insurance piece works.

Around here, at least, the seller’s attorney picks the title company and is an agent for the title insurance products delivered at closing. In other words, the attorney gets something like 40% of the owners policy and buyers mortgage policy. I think they get the junk “endorsements” required by the mortgage companies at 100%.

An attorney on the sell side gets a nice chunk just for funneling the business to the title company. That’s why all the real estate brokers are trying to horn in on that business and head sellers off at the pass before they hire an attorney.

I used the same attorney on the buy side six months later and he charged me 6 or 700 bucks.

Ive sat through hundreds of closings and I would still rather pay an attorney to watch my end of the deal. I know some states like California it’s not unusual to have no attorneys in the transaction - the title companies are more accustomed to it and won’t get pissy if they have to do all the work. Around here you’re taking your life in your hands with some of the crabby tile company closers I know.

Also, I would prefer the attorney handle the tax prorations and escrows. Those get a little complicated.

SarahD

(1,246 posts)
27. I used a lawyer. Cost me 800 bucks.
Fri Mar 15, 2024, 08:04 PM
Mar 15

She did all the paperwork. Sold house as-is, no warranty. When selling to a friend or relative, it's easy because there's no haggling, mortgage, conditions, etc. Lawyer is much cheaper than real estate agent.

SarahD

(1,246 posts)
30. Oops. I forgot. Your friend is getting a mortgage, right?
Fri Mar 15, 2024, 08:22 PM
Mar 15

A mortgage lender will insist on an inspection, maybe a home warranty. You will have to set up an escrow account with a title company. There will be a title search, also by the title company. You will spend more for a lawyer, but still.less than a real-estate agent. Just make sure you use an attorney who deals in real estate transactions. I see others have mentioned this point and they are absolutely right. Your lawyer can also make sure you don't get pushed around by the mortgage lender, and that will help both you and the buyer. Want an example? A mortgage lender might require an inspection by a specific inspector, and there are all kinds of terrible defects that must be repaired before they will approve the loan. No worries. They have a nice, helpful contractor who can do all that work. Then there is a huge repair bill that must be paid before the loan goes through. Shit like this happens all the time. I actually knew some people who were working some of these dirty deals. The real estate biz is a snake pit. Watch out.

MerryBlooms

(11,772 posts)
35. Good to know. I just know how easy it was for us to cash buy.
Fri Mar 15, 2024, 09:08 PM
Mar 15

Yes, we had an inspection, fortunately, the homeowner kept impeccable records.we have no mortgage. We paid cash. I misread the OP, their friends are going to be carrying a loan. I better bail out bow of this conversation. My client is calling because one of his cats passed this morning, and I'm not able to put my full attention on this. He's more important right now. But, I will read tomorrow after I deal with him and make my sister's supper. Thank🥰

usonian

(9,898 posts)
38. Look up FSBO in your state. Rules vary.
Sat Mar 16, 2024, 01:11 AM
Mar 16

We hired a lawyer to make sure things were above board, but as people say, the title company does the details. Not sure about inspections. I think some fake inspections, and kick back agents. Dunno how to verify good from bad. Agents aren't about to tell on their benefactors.

Lawyer didn't show at closing. Gave him a ration of shit and he sobbed all the way to the bank. Went OK without him.

Your state may not allow as-is, so disclose everything ( This may be overkill ).

I may move "soon", so this thread is appreciated. Thanks for posting.

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