The housing market is moving at warp speed, with homes that are in decent condition and priced right flying off the market in a matter of days. When it will end, nobody knows.

One thing that is certain is that the percentage of homes on the market being sold by owner sits at around eight percent, nationwide. So, after being mortally wounded in the bidding wars, many buyers are tempted to pursue FSBOs – pronounced “fizzbo,” and short for for-sale-by-owner.

Sure, buying directly from the owner may seem attractive, at first glance. But, there are very real problems that commonly occur when the seller (and the buyer) isn’t represented by a real estate agent. Let’s take a look at three of them.

1. The paperwork

The 2015 National Association of Realtors’ Profile of Home Buyers and Sellers showed that “paperwork” is one of the most challenging aspects of selling a home without an agent. The FSBO’s first challenge is in knowing which forms are required. A Google search of “What forms do I need to sell my house” returns, in fact, 118,000,000 results.

The online discount brokers aren’t all that helpful when it comes to the proper forms, either. In fact, one of the largest offers only a purchase agreement. So, what happens when a FSBO buyer wants to amend that agreement with a demand for repairs? What form will the seller and buyer use and where will they get it?

The next challenge FSBOs claim they have with the paperwork is understanding it. Unless the seller is a lawyer or a real estate agent, or has a deep understanding of state law, this is perfectly understandable. These may look like “forms,” but each one is a legal document and, naturally, filled with legalese.

This lack of understanding leads many FSBOs to make assumptions about the documents’ meaning and about his or her responsibilities. Buying a home is a huge financial investment – be overly cautious about assumptions made by a legal and real estate novice when buying something as expensive as a home.

2. The money

During the FSBO purchase process, you’ll require the services of an attorney. It’s just far too dangerous to proceed without professional consultation. So, from the outset, buying a FSBO is going to cost you far more than were you working with a real estate agent – whose services don’t cost the buyer a dime – to buy a home.

Then, there are three additional seldom-considered financial pitfalls when dealing with a homeowner directly. The first is price. While coming up with a list price is easy, determining what buyers will actually pay for a home is a bit trickier and most homeowners haven’t a clue as to the true market value of their homes.

Even if the homeowner has decided to employ the services of an online discount broker or a for-sale-by-owner company, there’s no guarantee that he or she will have accurately priced the home for the market. In fact, since many of these companies aren’t helmed by real estate professionals, there’s a very real possibility that the homeowner received bad advice and that home you’re contemplating making an offer on is overpriced.

“There are a lot of variables that come into play when determining the list price of a home including local inventory, interest rates, average market price for comparable homes, appraisal value and the sellers’ personal and financial objectives,” Steve Udelson, President of Online Real Estate at Altisource (which oversees and Hubzu) claims in an article he contributed to

Now, in all fairness, Udelson admits that he is not a real estate professional Yet, if his customers follow his advice, they may end up overpricing the home. And a homebuyer who lacks representation may just end up overpaying for it.

The truth is, the list price of a home should ideally match, or come close to, it’s current market value. This value has little to do with the asking price of currently listed homes, local inventory and interest rates, and nothing to do with the “ . . . sellers’ personal and financial objectives.”

It has everything to do with what a willing buyer will pay for the home. The proof of that amount of money is reflected only in recent sold prices of comparable homes.

That information, by the way, isn’t easy to come by without a real estate professional’s access to the Multiple Listing Service statistics. And, no, what you see on the big aggregator websites is not typically taken from the MLS and is rarely accurate.

So, how will you know that you aren’t overpaying for the home?

Then, there is the common assumption among homebuyers that, since the seller is saving money by not having to pay a real estate commission, he or she will pass some of that savings on to the buyer.

According to studies by the National Association of Realtors, the number one reason a homeowner decides to go it alone is to “save money.” Sharing the savings with the buyer rather defeats that purpose, don’t you agree? So, no, don’t count on getting a discount.

Which brings us to the third financial pitfall: closing costs. Do you know how to negotiate with the sellers to have them pay for all or part of your closing costs? Do you know the maximum amount your lender allows the seller to pay on your behalf? How will you word the purchase agreement to make the request?

3. The integrity

Nationwide, sellers have a duty to disclose the presence of lead-based paint in homes built before 1978. But there are other, state and locally mandated disclosures required of sellers as well. The most significant of these is the disclosure outlining any material defects concerning the property. The proviso to this disclosure is that the seller is only required to disclose items that are within his or her knowledge.

In the hands of an unscrupulous or ignorant seller, this may be seen as an opportunity to “fudge” on the details. Sellers represented by professional real estate agents, on the other hand, are warned that anything less than complete honesty is not in their best interests.

If it’s too late, and you’ve fallen in love with a FSBO home, take the following precautions:

  • Get everything in writing.
  • Do not sign anything until you’ve run it by your attorney.
  • Deposit your earnest money deposit with a neutral third party (ask your lender how to set this up) – never give it to the seller.
  • Never waive the home inspection and be willing to pay for additional inspections if conditions warrant.
  • Ensure that the seller actually owns the home and that no-one else has a claim to it by ordering a title report.

Protect yourself before looking at FSBOs by communicating with your real estate agent. He or she can approach the homeowners to determine if they are amenable to paying the agent’s commission. This way, you are represented and protected, and at no cost to you.



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