Is for sale by owner easy? (California)

[Jose Tamayo Jr]

Im contemplating on selling my house for sale by owner but not sure on the process it takes or the legal paperwork where would i get these documents? I have heard and read a lot of the pros and cons of doing a FSBO but still cant make up my mind. I spoke to 2 Realtors and they both brought down the fee to 5%. and possibly 4% if the seller brings the buyer. but yet that is still a lot of $$$ to pay out if I can try and do it my self?

Im in Ventura County, City of Moorpark, California.

Any advice or tips?

Thanks in advance for your input.

[Tim Soto]

FSBO is not an easy task, especially if you're trying to get your price-point, and for a beginner, it may also be a challenge understanding the escrow process. Your main focus should be on pricing the property right and getting as much exposure as possible. Typically, a FSBO would market through Craigslist, yard sign, open house, FSBO website (which may require a fee), and social media platforms. I would recommend using as many of these resources as possible. One issue you may run into is getting low-ball offers. You should google "selling home FSBO vs using a Realtor®." Statistics will show that it's more likely, using an agent will get your property sold closer to the market value and sold sooner than doing FSBO. That doesn't mean it's always the case. Like I mentioned, I would research the data.

If you're going to sell FSBO, one way that I like selling a house, which doesn't require an agent, is to make flyers or door hangers for your open house. Include your list price, pictures, and property description. I would then go door to door inviting all my neighbors to my open house (about 2-3 block radius). I prefer handing out the flyers door to door as opposed to door hangers because then, as I'm handing the flyer to the neighbor and inviting them to my open house, I can mention that if they know someone, who is interested in in moving into the neighborhood, please bring them along. Best case scenario for any FSBO situation is getting an acceptable offer from a cash buyer with no contingencies because then it'll make the escrow process a lot less confusing. Once you start escrow with a buyer, who's using a loan and/or a Realtor®, then you start getting into disclosures, contingencies, appraisal, inspection, and termite reports, and making sure your buyer and the property meet the lender's guidelines, and ultimately close on time.

FSBO process in general and based on my experience:

1. Buyer and Seller sign Purchase Agreement/Contract. If it's a cash buyer, contract doesn't have to be the state template used by California Association of Realtors (CAR), although it's preferred. When selling through FSBO, I've never sold to a buyer, who was using a lender, so I'm not 100%, but I'm sure the lender would require the CAR state contract because they have to approve the loan, appraisal, inspection, termite, and title reports, which are contingencies in the contract.

2. Buyer and Seller meet at title/escrow company and submit contract, escrow instructions, and earnest money deposit (EMD), at which time escrow is opened.

3. I might be a little vague here, but from my understanding, Escrow officer pulls Preliminary Title Report to make sure there are no liens or encumbrances (unpaid taxes) that both parties are not aware of. To make sure the title is clear the seller (usually) pays for Title Insurance, guaranteeing clear title. The title/escrow company makes sure that the property cannot change possession without a clear title.

4. If buyer is coming in with a lender, then the seller has the responsibility to make sure the buyer is following through with the lender’s conditions. Most likely, the lender orders the appraisal, which the buyer pays for. The buyer arranges the inspection and pays for that too. Usually, the seller has already done a termite report and submits to buyer or lender upon request. Once the lender approves those conditions, then the buyer can remove the contingencies form escrow instructions and proceed closer to finalizing escrow. In order to close and fund, the buyer has to go through the approval process again with the lender’s underwriter to make sure nothing from the buyer’s financial standpoint has changed since the originator first approved them for the loan.

5. Closing, recording , and funding.

This may be overwhelming for you so you may want to consider the agent option. You mentioned that you spoke to a couple of agents about listing your property. I think that was a right move. One of the pros when using an agent is that your property gets more exposure to buyers through the MSL and other hubs like Realtor.com, Redfin, Trulia, and Zillow. You would not be able to do so on your own. Agents may also include a broker’s open, broker’s caravan, and other marketing techniques. They can do a market analysis report to show you comparable sales in your area, which helps determine your price-point. They’ll also be able to ensure the escrow process is moving along, that you know every disclosure you signed, and can even help you pre-approve a buyer. Also keep in mind, like any other profession, not all agents/brokers are the same. One last thing, I would not dilly dally with the commission you’d be paying out. You’ll end up losing more money trying to save on commissions. I know this is a lot to digest, but I hope it was helpful. Good luck!