Profile picture for SpenceMel

How do I obtain all of the paperwork that is necessary to sell my home without a realtor?

I am selling my home "as is" to the current tenant who has occupied the property for the last 2 1/2 years. His loan application has been approved for the selling price. His lender will arrange for an appraisal of the property. I will obtain a termite inspection. I have a real estate agent who is willing to do the paperwork for a flat fee, but would prefer to avoid this cost if at all possible. A title company representative could not answer my question about do it yourself paper work.
  • November 15 2013 - Folsom
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Answers (22)

The forms used by Realtors on a sale, are not to be used by anyone that is not a licensed realtor, I don't even believe anyone can "sell" these to you. All Realtors must be licensed to use the forms and still be regulated by BRE and office Broker. Please be Careful when seeking for forms as I have no Idea what other forms are needed when a Realtor is not involved.

Going back to your question a Tenant in California does have rights on the property pertaining to condition and repairs needed prior to closing, that would be another topic you would need to cover not to mention the local city requirements (retrofit repairs).  You may think hiring a Realtor is expensive or problematic, when in reality we try to cover all aspects by disclosing, inspections, wavers, contingencies, reports, etc. All these plus any other concern about the property and the fact that tenant/buyer currently resides at the property, (((Regardless)))) if the property is being Sold As Is.

Hope you make the right decision
  • September 23
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Remember you get what you pay for. Each city and county may have their own statutory required forms that would not be covered by CAR forms etc. Tfhese forms are required by law to be included in transactions . Since we are the most litigious state in the nation, you are best off with a realtor or real estate attorney who has expertise to provide all the correct forms and who even carries insurance for any errors or omissions that are made.
  • September 22
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Agents and Realtors use CAR forms, which are supplied and paid for from our dues to the California Association of Realtors. We now access them online. They may still sell them in the local Realtor association office. Since these are the standard forms that we spend hours getting training and updates on, we aren't generally familiar with any other forms. They were written by attorneys and we are extensively trained in all the associated contract law, nuances and variables involved in using them.
  • November 18 2013
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  • November 18 2013
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Selling Real Estate can be confusing and difficult. There is also liability involved so, do yourself a favor and either use a Realtor and work out a commission for their services, or hire a Real Estate Attorney to draft the necessary legal documents.
I think you will find the Realtor makes more sense.
  • November 18 2013
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Hi SpenceMel,

If you already have a buyer and choose not to use a real estate agent or REALTOR, I would highly recommend a real estate attorney.  The possible savings up front could cost you so much more in the future. 

Best of Luck with Your Sale!
Erika
  • November 16 2013
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SpenceMel,

Listen to The Sisters. We live in an extremely litigious state. The flat fee you are to pay this agent is minimal in comparison to what it would cost you to fight a lawsuit from a disgruntled buyer. Anything that you fail to disclose can come back to bite you big time. The real estate agent will most likely use CAR forms that are written by lawyers and backed by the California Association of Realtors (CAR). Ask your agent if CAR forms will be used. If you use generic forms you are out there on your own.
  • November 16 2013
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@SpenceMel

You may think you are selling "as is" but there is no such thing in real estate.  As a seller if you fail to disclose everything you know about a property prior to the sales agreement you may close, but find yourself sued later.  Better google that for the state of California.

Evidently the title company was wise enough not to offer any assistance. 
  • November 16 2013
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@mooneymuscle

The person asking for forms is in California.  You are in Washington.  You have a supply of forms which are legal in California or just plain vanilla for all 50 states?

Now when you supply these forms and the guy asks you how to fill them out - whatcha gonna do? 
  • November 16 2013
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Make sure you get ALL THE FORMS YOU NEED... extorted or not (LMAO)
  • November 16 2013
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Message me, I can give you all the MLS forms for free.  Don't have some realtor extort any money out of you.
  • November 16 2013
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There are websites where you can buy generic forms.  They are NOT what Realtors use.  They may work.  Then again they may not contain the proper clauses and disclosures which are required.

Hire an attorney or pay the Realtor the flat fee to be a transaction agent. 
  • November 16 2013
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Youre best bet is to call an attorney to get them.

I would only take them from an attorney or a licensed agent. And since you don't want to pay one you'll have to pay the other.

Good luck.
  • November 15 2013
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I think that it's funny you should ask for help in a forum where 98% of the posting entities are Realtors... yet you specifically state you do not want to pay anyone for helping you including a Realtor.
  • November 15 2013
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Call a real estate attorney or settlement attorney.

Yes, I am a REALTOR.  Why would I tell you where you can get the forms?  

Answer: Marketing your house is the easy part.  Finding a qualified buyer and getting it to settlement takes skill.  I can go to Home Depot and buy lumber and other building materials but that does not mean I can build a house.

Good luck.
  • November 15 2013
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The interesting thing about wanting to save money is, it reminds me of buying cheap shoes, they cost a lot less, but I have to replace them much more often.  I have been a realtor for over 20 years and the State of California is not shy when it comes to litigation.  You have no idea about arbitration or mediation and how a purchaser and seller give up the right to a law-suit by initialing p7 of the purchase agreement do you?  Are you aware of passive and active contingency removals?  Are you aware of disclosing all known material facts, regardless of if you think they're appropriate or not do disclose?  We all want something for nothing, or very little, I know I'm guilty of it, but this isn't about buying a pair of shoes.  Real estate is typically the largest investment or sale you will ever be a part of.  Paying a professional for their services may seem like a big deal at the time, but if something comes back to bite you in the A#@, would it have been money well spent?  I hope you don't have to find out.  
  • November 15 2013
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Profile picture for SoCal Engr
Here is a site that will allow you to download a "seller's package" tailored for California.

If you have a REA willing to do the paperwork for a flat fee, now you have a basis for comparison of costs. The next questions are...

-- What else is the REA providing for the additional cost, and is it worth the additional cost?
-- At $X/hr, is it worth it to me to have the REA do the paperwork?
  • November 15 2013
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If you do not wish to use the services of the real estate broker to write the purchase and sale agreement for a flat fee, your best bet is to hire a real estate attorney.  Regardless of whether you hire the broker or the attorney there will be a cost involved.  The requirements vary by state, and only an attorney is qualified to give you legal advice on how best to protect yourself.
  • November 15 2013
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My advise to you is to go to the local board of REALTORS to purchase the requiered disclosures necessary to fully disclose all material facts affecting the property that you are aware of; regardless of whether the tenants or any other potential buyer might agree to. Disclose is the number one rule. I appreciate your feedback if I was helpful. And if I can further assist you...I am sure you will contact me.
Blessings 
  • November 15 2013
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Profile picture for JesseCoffey
It is worth paying a Realtor to guide you through the process. Title companies can help with closing paperwork, but they cannot assist with contracts and disclosures. If you fail to provide the proper disclosures and do not have a solid contract you may open yourself up to litigation which potentially could cost much more than a commission or flat fee. A realtor can also make sure you are getting the correct price for your home. Online estimates are rarely accurate.
  • November 15 2013
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You can obtain all of the paperwork from a local title company.  However, this day in age, it is important to have a real estate professional to help you navigate through this complex financial transaction.

If you are interested in listing, I am a real estate broker and also have a law degree.  Please feel free to call to consult.

Ahmad Zeki, JD
Real Estate Broker
Zeki Real Estate
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  • November 15 2013
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There are often websites that sell purchase agreements online. But if you use an outdated document, fail to use the correct document, miss a document or make errors in the document, you open yourself up to possible legal issues after closing. If you have an agent willing to do the paperwork for a flat fee, I would go with them. Otherwise you can use an attorney (which probably would cost you more).
  • November 15 2013
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