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All Forum Posts by: Allan L.

Allan L. has started 11 posts and replied 36 times.

Post: FSBO. Looking for help with closing paperwork.

Allan L.Posted
  • Real Estate Investor
  • Bellevue, WA
  • Posts 36
  • Votes 4
Originally posted by @Katie L.:

@Allan L.

How will the family member and in-law be holding title?  If they're holding title jointly, there are ways to give the family member a bigger share of the ownership (due to gift) but it gets more complicated depending on how title is held/how the trust is structured, etc.  Does the seller expect to have a taxable estate such that filing a gift tax return would cause adverse estate tax consequences?

*This post does not create an attorney-client or CPA-client relationship.  Readers are advised to seek professional advice.  The information contained in this post is not to be relied upon.

Hi Katie. Thank you very much for taking the time to post.  
I was hoping to find someone who understands real estate law and tax implications and then you appeared! The property is under the $11.18 million estate gift threshold and shouldn't cause adverse tax consequences. I'm sure the family member and in-law will be open to holding the title in order to make this structure work depending on the implications and the costs of going this route. I'd like to present both parties with the available options so that they can make an informed decision. Is this something you might be able to help with?
 
I have more details I'd like to share in private. I just sent you a Colleague request and I hope to be able to connect with you via message. Thanks!

Post: FSBO. Looking for help with closing paperwork.

Allan L.Posted
  • Real Estate Investor
  • Bellevue, WA
  • Posts 36
  • Votes 4
Originally posted by @Bill B.:

If they are married I don’t see anyway to gift the equity to only the family member. If they are a married couple I’m pretty sure community property laws are going to be in effect. MAYBE you could sell it at full price and hold a 2nd mortgage that the seller forgives some time in the future?

Not really a real estate attorney question more of a CPA type question. 

Ps. In regards to your other questions, they can do the inspection anytime or not at all. After all if the sale is far below market what will the buyer do, ask for more money off for repairs? The buyers lender will take care of ordering and scheduling the appraisal. 

Thanks for the advice on possibly going to second mortgage route. I will look into it. 
Aside from this issue, it sounds like as long as we have a title company which we need anyway for closing, we can do it ourself as long as we're available and willing to do the work. That's a huge saving considering some of the real estate agents I contacted have been quoting me anywhere from 1% - 2% of selling price.  

Post: FSBO. Looking for help with closing paperwork.

Allan L.Posted
  • Real Estate Investor
  • Bellevue, WA
  • Posts 36
  • Votes 4
Originally posted by @Bill B.:

If you’re in a title service state it’s simple Simon. I just sold my home to a friends parents using fidelity national title. I printed a contract off the Internet. Gave it to them and they handled everything from there. Just have the contract determine who pays what costs and you’re good to go. 

Hi Bill. The property is in California which I checked and attorneys aren't required. However, the house will be sold to a family member and in-law for less than market value but the seller would like the difference (the equity) will be gifted to only the family member as an early inheritance. Will this complicate things and should have an attorney? 
If we don't go this route, will just the title company guide us through the steps for example when to get an inspection, appraisal, and whatever other processes there are to close?

Post: FSBO. Looking for help with closing paperwork.

Allan L.Posted
  • Real Estate Investor
  • Bellevue, WA
  • Posts 36
  • Votes 4
Originally posted by @Wayne Brooks:

Just have an attorney or title company handle it, whichever typically handles real estate closings in your state.

Hi Wayne. Will an attorney or title company, guide us through the steps for example when to get an inspection, appraisal, and whatever else they require in order to close?

Post: FSBO. Looking for help with closing paperwork.

Allan L.Posted
  • Real Estate Investor
  • Bellevue, WA
  • Posts 36
  • Votes 4

We're selling to another member of the family and neither of us have a full service real estate agent. Is there anyone that can help us and what would this type of service cost?

Post: FSBO

Allan L.Posted
  • Real Estate Investor
  • Bellevue, WA
  • Posts 36
  • Votes 4
Originally posted by @Tiffanie Vendryes:

Hello I own a property in east Delray Beach, Florida. It is a very up and coming area with a lot of investors coming in and doing fix and flips. I want to do a FSBO and close with a law firm to save on realtor's commission. Has anyone had any success doing this? If so what steps did you follow?

Thanks 

Tiffanie Vendryes

Hi Tiffanie. I'm in a similar situation helping a family member sell to another family member. What was your experience like selling without agents? Did the title company help or would you advise hiring someone to do the job? Thank you.

Post: Assistance with Closing a Home Sale in CA

Allan L.Posted
  • Real Estate Investor
  • Bellevue, WA
  • Posts 36
  • Votes 4

My mother is planning on sell her CA home to my sister and her husband for 50% less than the current market price. She would like the equity being gifted to belong to my sister. How should she do this? 
Additionally, since it's a sale to a family member we don't need the full service of a real estate agent? What are some ways to close the sale with some guidance for a reasonable fee. How easy or difficult would it be to do this by ourselves? Any advice would be greatly appreciated. 

Post: What is the current market condition like in Sacramento, CA?

Allan L.Posted
  • Real Estate Investor
  • Bellevue, WA
  • Posts 36
  • Votes 4

My mother is contemplating whether or not to sell her home in Sacramento, CA in order to cash out for retirement and I was wondering if someone can fill me in on what is the current market condition like.  
On a related note, although selling in 2018 would've been better, I personally don't think it's a bad time to sell right now either. My only concern is that she won't be able to put the cash into another investment especially when everything's been on a bull market for a decade now and capital has been sloshing around.  

Post: Best way to check inventory and pending sales data?

Allan L.Posted
  • Real Estate Investor
  • Bellevue, WA
  • Posts 36
  • Votes 4

@Charlise Philibert Thank you Charlise! I start looking for real estate agents in my target markets. 

Post: Seller Financing Attorney: Need Help with partial seller finance

Allan L.Posted
  • Real Estate Investor
  • Bellevue, WA
  • Posts 36
  • Votes 4

@Joseph Catalano Thanks sent you a message!

@Brian Gibbons Thank you! My current loan isn't FHA and the seller's pre-approved loan more than covers the remainder on our mortgage. You're saying my first step is to find a title company in Honolulu correct?