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Home buyers: Don't let your 'FSBO' fizzle

Dear Steve,
What are things I should look out for when buying a for-sale-by-owner property? Are there any specific major questions on the transaction I should be asking? Are there any useful guidelines I can go by?
-- Just asking

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Dear Just,
For-sale-by-owner properties, generally referred to as FSBOs (pronounced FIZZ-bos), carry with them a few additional buyer concerns. For starters, because the seller doesn't have an agent, there's no intermediary to buffer the bargaining process and to present your offer with that sage, grounded-in-reality perspective.

So emotions can flare sometimes during negotiations.

Hold fast, though.

There's also the matter of your agent's commission, assuming you plan to use one. FSBO sellers, by nature, don't want to pay any commission, so it's doubtful they'll want to help pay your agent's fees. Get your buying intentions settled with your agent before signing a buyer's agreement with her or him, or you may be paying out the difference.

Sometimes FSBO owners who've had their homes out on the market for awhile will relent and agree to chip in two or three percent. But if it's a seller's market, they probably won't.

If you're going it alone, realize you'll be setting up the visits, negotiating, filling out the offer sheets and performing some of the due diligence without professional aid. One good thing about the agent-free approach, however, is the FSBO seller may agree to pass on some of the commission savings to you in the sale. (You may still want the advice of buyer's agent or attorney on a FSBO buy, however.)

If you've agreed on a deal, don't give your earnest money directly to the seller. It should be put into an independent, third-party escrow account by your agent, or by you, in agreement with the seller.

Make sure you get your own inspection done. Some FSBO sellers (and conventional sellers, for that matter) have been known to take advantage of the less formal process by concealing or disguising problems or flaws. Buyers of FSBOs should learn what their state's disclosure requirements are and request the most extensive disclosure.

If you're especially wary, you might want to ask the seller's permission to obtain a Comprehensive Loss Underwriting Exchange (CLUE) report, which is similar to a credit report, but contains a home's recent insurance history. They're available online for a small fee from a company called ChoiceTrust. Sometimes, a CLUE report indicates a water-related claim -- raising the possibility of mold contamination -- which the sellers may not want to disclose.

If you're acting alone, get "comps," or sale prices of comparable homes in the neighborhood from a local real estate company to make sure the house is fairly priced. Most will do this for little or no charge. Many county property appraisers or tax collectors will provide this information for free at their Web sites.

Also, if you're buying in a seller's market, make sure you have a mortgage preapproval before you make your offer. It can help legitimize your offer among multiple offers.

Here's hoping your FSBO deal doesn't fizzle out.

 
-- Posted: April 16, 2005
     

 

 
 

 

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