All Forum Posts by: Summer Segeleon

 Maybe...25 years ago

I own a house that has a " cloud", so to speak.

2 brothers owned , and sold, a house . Upon conveying, they both signed the deed , as did their wives,  but one of the brothers names was not mentioned in the deed as it describes who's selling what to whom. 

That was a few transfers ago, so I ended up with a special warranty deed. It's not possible to get a quit claim or resolve it another way aside from quiet title. The attorney I'm working with says that theres a good chance that a bank or buyer will not even consider it a defect when I sell. Your opinion? It sounds like BS to me. 

Contract is signed. My buyer has a real estate agent , I don't. Do I need to give this contract to my attorney? What would his role even be in the whole thing? I have been reading, and it seems that the buyers attorney does most of the leg work. Will my attorney need to do "deed prep" or something? Or can I just show up at closing and get a check without bothering with an attorney? 

I just accepted an offer VIA TEXT from a buyers agent. He was going to get the contract to me today (SO, not under contract, and didn't sign acceptance of offer or anything). New buyer calls and says they want the house and are ready to get into a bidding war if necessary. WHAT DO I DO? I know that ethically speaking I'm bound to the first offer but it wasn't that great and I would love to entertain this new one. Am I allowed to legally?

Thank you all so much! I almost thought I was in over my head, and called an agent yesterday to ask about getting us through the paperwork. Though I'm sure this would make things easier, I have decided that I can do this with just my real estate attorney. THANKS!

Yes, but neither of us have an agent. I have the lead pamphlet and lead disclosure, and consumer notice (though I was unclear whether I needed it with no agents involved). What I'm unclear about is the BEC (Buyers estimated closing costs) form. When selling FSBO , do I need to fill this out, or does it only apply when there is an agent involved?

This is only my second Flip. I'm selling FSBO, and neither I or my buyer has an agent. He will be mortgaging the home. I'm using a standard contract, and at the end there is a place where the buyer signs that they have received a statement of Buyers estimated closing costs (BEC) ..

Is a "normal" person selling FSBO really expected to fill that out? It seems that it would be a very inaccurate estimate since I have no idea what his interest rate will be, what sort of fees the lender will charge him, or any of that. HELP?!

Thanks so much for getting back! 

So, if I'm selling FSBO, I have to fill out the buyers estimated closing costs? It seems strange (and cruel) that a "normal" person selling their home would have to try to do that without any real idea of what they might be. WOW.

The septic part - I guess I understand now. I was concerned that checking one of the boxes was meaning to indicate that one of the notices applied, but you're saying that it doesn't and that the notices are just there in case?

I forgot to ask , Why does the end of a sales agreement ask that the buyer sign saying that they have received an estimate of closing costs, when a contract is signed before any of that is done? I'm not sure what to tell my buyer about that part when  I go to him with the contract

http://www.pategan.net/AOS.pdf

Here's a link to the contract I'm using. My issues are on Page 5, and 12

Question about how to fill out the Sales Agreement.  The property has a private, on lot sewage system.  "B" STATUS OF SEWER : The check boxes seem to indicate ISSUES with the sewer (as per the "notices" listed afterward, depending on which box you check.) Am I understanding this wrong? Should I just check " Individual On-lot sewage disposal system (see sewage notice 1)" , or do I need to check the box with the blank line, and write "Individual on-lot sewage" to indicate that none of the notices apply?  

Question 2 : DEFAULT, TERMINATION, AND RETURN OF DEPOSITS : There is a place where you can check "SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES" . I'm not sure what is standard, and how the wording before it fits in with this particular statement, if anyone could clarify.