Thursday, May 8, 2014

For Sale by Owner (FSBO): Is this for you?

Combine a down economy and a slow real estate market, and some people who are ready to sell their home start thinking about saving money by doing it by themselves.  There are situations where that may be effective; and then there are situations where you may simply be wasting your time and simply delaying the inevitable call to a realtor.  What situations lend themselves to a "for sale by owner" (or FSBO) approach? 

A good full service realtor can provide you with a range of services.  They can come in and evaluate your home, give helpful suggestions on why a complete cleaning and a new coat of white paint may increase your value, give suggestions on cleaning, repairing and reducing clutter to make the home more attractive for sale.  When your home is ready for sale, they suggest an initial listing price and then list the home with the multiple listing service, and so your home is then "on the market" to the real estate community and their clients.  A realtor will provide additional marketing - brochures, open houses, working their contacts - to get traffic through your home.  They will provide you with the various forms that you need to fill out - the seller's disclosure, lead paint disclosure, and forms of agreements of sale and inspection addenda.  They will negotiate with the prospective buyer's agent.  They may pre-qualify prospective buyers so that they only bring qualified candidates to view your home.  When an agreement of sale is signed, they will put the buyer in touch with a title insurance company and a mortgage lender.  They will troubleshoot any inspection, title and mortgage issues.  They will help arrange for a settlement and help guide you through settlement.  And they only get paid at the end - at the successful closing - where the seller's agent and the buyer's agent will split what is typically a 6% commission.  If you sell your home for $400,000, then the commission that typically is paid in full from the seller's share of the proceeds, is $24,000.  The realtors in theory all work for the Seller, and so it is the Seller that bears the full responsibility to pay the commission. 

When you are embarking on a FSBO, you need to anticipate and provide for these types of tasks and services.  If you have a ready willing and able buyer lined up - if your child or grandchild wants to buy your house, or Cousin Sophie's boy, or the friend of a next door neighbor, and if you have agreed on a price, then you really don't need the marketing services that the realtor provides.  You simply need someone to help you through the various stops that get you from a handshake through an agreement, and then closing.  You can get those services for far less than the full 6% commission would cost you.  A lawyer will provide the documents and advice that you need at hourly rates.  The title company is a wonderful resource - once they are involved, they take care of the title search, and gather all the documentation needed to clear title for closing.  They typically draft the deed as well, and will run the closing and prepare the settlement sheet that allocates the various costs and expenses.  The mortgage lender does all of the document preparation for the transaction, and will in some cases send a representative to the closing to explain the various documents.  If you remember from closings that you have attended, the buyer must go through the stack of documents and sign them all; the seller simply sits there and waits for the money to change hands.  If you have good professionals involved, then the realtor's primary contribution to the transaction is the preparation and marketing.  Once an agreement is signed, the other professionals carry it to closing.  The buyer pays for title insurance.  The buyer pays for the mortgage and the loan documents.  In a sale transaction, once the fish is in the boat, the seller only needs to pay his or her attorney for the transaction costs.  You don't need the full services that a realtor can provide, at the full commission.

If you do not have a ready, willing and able buyer, then you need marketing.  You may try word of mouth or distributing home made brochures in your neighborhood, putting ads in newspapers, holding your own open houses, but a FSBO will not be as likely to attract traffic as a realtor's listing.  You are not in the multiple listing service used by all realtors.  The realtors will not bring their clients to your home - you are not offering to pay them and so it is not in their interests to steer their clients in your direction.  You may have the most wonderful house in the world at a bargain price, but you need to make that fact known to as many people as possible - and it is difficult to do without a realtor.  In a red-hot market or neighborhood, you may find that word of mouth will sell your house.  While it is nice to have the information on your listing in the hands of hundreds of realtors and thousands of prospective buyers, you really only need one buyer, and when you have the luxury of a seller's market, you may be able to find a buyer without a massive marketing campaign. 

The most recent entry into this field is of course online marketing and selling.  There are now online services that will assist a seller in marketing their property, and reaching the online audience in addition to whatever audience you reach with your own marketing efforts.  Time will tell whether these online services will completely replace the network of realtors as we know it today.  The realtors had a monopoly of sorts on the multiple listing service - it was their creation - to make listings available to the whole community of realtors.  But as with so many other areas of life, the internet can bypass the middleman and make the information directly available to the consumer who is looking for the information - complete with photos, or video tours, background information on taxes and insurance and the neighborhood and schools.   

As more and more people get used to buying online, more and more middlemen are cut out of the process.  We may gain in efficiency and cost, but we continue to lose the personal contact that came with having people from the community, such as the local banker and realtor, involved in the process.  That's the tradeoff that you face when you go FSBO:  you may save money under the right circumstances, but you do not have the realtor to call with questions and concerns.  But of course other professionals are available.  Including your friendly neighborhood attorney!

©2014  Douglas P. Humes

Doug Humes has been a practicing attorney in Pennsylvania since 1980.  He has experience in real estate, community, corporate and small business law, and estate planning.  In 2003, he opened his private general practice at the Millridge Manor House in Bryn Mawr, Pennsylvania.  Doug is also a Pennsylvania notary public and offers that service as an accommodation to clients and Millridge residents.  You can contact him at Suite 210,  Tel: 610-525-7150, or via email at humeslaw@verizon.net).