How do you write a for sale by owner house contract?
U.S. perspective:If you are smart, you don't even try to do this on your own because of the serious liabilities that can accompany the sale of a house. If you are selling without a real estate agent representing you, you should retain a lawyer to prepare the required documents.If you do this on your own, anyway, you start with form documents provided by a real estate professionals' association in your state. If there are no such documents provided by real estate professionals, then you look for documents provided by a company that supplies legal forms (which, one hopes, are customized for your state).
What should you watch out for when buying a home that's "for sale by owner"?
So many, many things. Essentially, you'll need to do all the investigative work that a Realtor would do and have the right experience to recognize issues when they come up. It could be anything from hidden terms on the purchase agreement, especially a non-standard form, to undisclosed problems with the house, which can literally be endless possibilities. Real estate brokers are bound by ethical and fiduciary duties to uncover and disclose known problems from Sellers. A good broker can see problems from a mile away. A Seller working without an agent doesn't necessarily have to abide by those obligations. Plus, a Seller with some experience might (intentionally or not) take advantage of your inexperience and structure deals that are not favorable to you and put you into situations with expensive liabilities, like permit or easement issues. After all, he knows his house way better than you do.
How can you get the same value out of selling your home with for sale by owner (FSBO) vs a traditional realtor?
The short answer is, most likely you won’t. And here are a few reasons why:You don’t know the market - proper pricing is everything and FSBO sellers almost always price too high.You don’t know marketing like a really good agent/broker does. And yes, it matters. It matters a lot, because if they don’t come to see your property they can’t buy it.You won’t reach anywhere near as many buyers with that approach.Most buyers don’t like viewing properties when sellers are there. It keeps them from poking around as much as they’d like and/or asking tough questions because you’re the seller.Buyer’s agents don’t like working with unagented sellers because they often end up doing the job of the listing agent without getting paid for it.Most buyers who come in directly will just deduct the buyer agent portion from the price anyway.A really good agent/broker will not only get you top dollar for your property, but will help avoid buyers coming back to you post sale because you failed to provide proper disclosures or did something else wrong. Really good agents/brokers are worth the money.And notice that I have repeatedly said “really good.” So don’t hire your friend. Or your cousin. Or your neighbor. There is a LOT more that goes on behind the scenes that most sellers and buyers have no idea about, particularly with a really good agent/broker, because they make it look easy. It isn’t, it comes with experience. Do yourself a favor and go out and find the best local expert to sell your house and you won’t regret it.
My friend was forced out of a house they trespassed in, at gunpoint by the owner. Was it legal for the owner to do this?
Not to disagree with nearly everyone who has already responded to this, but I disagree with nearly everyone who has already responded to this.But part of the problem is that we don't actually have enough info.Most everywhere in the U.S., when you are not in your house, you have a "duty to flee" unless you cannot reasonably do so. This means that if you can run away that is what you should do. If you can't run away, then you may respond to your aggressor with equal force.Generally speaking that means if your attacker is unarmed, you can fight back unarmed. If your attacker has a non-deadly weapon, then you can use a non-deadly weapon. If your attacker is using lethal force, then you can respond with lethal force.I say nearly everywhere because there are exceptions, like Florida and their "stand your ground" law that changes that. But those are the exceptions to the rule.Of course some of this changes once you are home. In your own home you no longer have a 'duty to flee' and you can defend your home. However the 'respond with equal force' portion does not go away.So, your friends are trespassing. The homeowner shows up and tells them to leave. They refuse and possibly threaten him and he threatens to shoot them. Before anyone can say for sure if the homeowner was justified, we need more info. Such as:- What was the threat?- Was it a realistic threat or just nonsense?- Were the trespassers armed in any way?- Did the threat include whatever it was they were possibly armed with?- Was the homeowner's gun loaded? - Are there drugs present?- Are the trespassers visibly high on drugs? - What were the age, sex and size of the trespassers?- What was the age, sex and size of the homeowner?The last two are not really part of any law, but they will play a part in any jury's deliberation.So here are two scenarios. [Note I've changed the ending in the scenarios from what actually happened]:Scenario 1: The homeowner, a 35 year old male, professional weight lifter and black belt in three types of martial arts, comes home to find four girls all around the age of seventeen in his house. The homeowner recognizes them as local girls from the neighborhood. The girls are all dancing and are all wearing short shorts, tight t-shirts and flip flops. The homeowner tells them to leave and they refuse. One of the girls says, "Chill out. We're just dancing." Another girl says, "If you don't leave us alone I'm gonna call the president and have him drop a nuclear bomb on your house." The home owners goes and gets a gun and threaten the girls. The girls start screaming. Somehow in the confusion the gun goes off and one of the girls gets shot, but fortunately nobody dies.Scenario 2: The homeowner, a 72 year old, retired female librarian who walks with a cane, comes home to find four large men partying in her living room. She does not recognize any of them. The screen of her television set is smashed in and the living room is a complete mess. There are a variety of drug paraphernalia scattered across the coffee table and some of the trespassers are acting strange, erratic and aggressive. The trespassers are all wearing baggy pants, and jackets or hoodies. One of them has a gun visibly tucked into the back of his pants and there is a second gun on the coffee table with the drugs. The homeowner tells them all to leave. One of the trespassers says, "Grandma, get out of here now before we decide to add you to this party." Another one pulls the gun from his pants and says, "If you don't leave I'm going to shoot you in the face with this gun. The homeowner retreats to the hall closet and gets her shotgun. She returns and tells the four to get out of her house now. One of the trespassers says, "@!#$* I'm going to kill you!" and reaches for the gun on the table. The trespasser with the gun in his hand points it at the homeowner. She fires repeatedly and kills all four of them.In one of these scenarios the homeowner will be treated like a hero. In the other one, the homeowner will be going to jail. I will assume that you can figure out which is which.Of course in the real scenario, nobody was hurt or shot, which definitely changes things and makes it all a bit grayer.The question then is, if we make a spectrum with scenario 1 on one side and scenario 2 on the other side, where does your friend's situation fall?The point is that without ALL of the info, we just cannot say.(And that is all of the ACTUAL information and not just what your friend told you when he was trying to impress you with his tale.)
Buying a Home: What is the best way to find For Sale By Owner (FSBO) properties?
Check out these FSBO sites: fsbo.com/www.homesbyowner.com/www.forsalebyowner.com/www.owners.com/www.buyowner.com/www.fizber.com/craigslist.org [search for FSBO or "For Sale by Owner"]Don't forget social media [ex: search twitter with the hashtag #fsbo]Buyer Beware. Buying a home is a serious financial transaction. If you forego the services of an experienced buyer's agent, I advise hiring a lawyer to conduct due diligence and ensure nothing is overlooked. A few hundred dollars is a small price to pay for peace of mind. If you decide to hire a buyer's agent, then don't forget that you may be able to get a rebate back from your agent. A rebate is essentially a cash incentive to encourage you to hire a particular buyer agent. Rebates are typically paid out at close of escrow and can save you thousands in closing costs. You can also use them to outbid your competition in the purchase of your dream home. Visit UpNest (I'm the Marketing Director here) to be matched with top, local buyer agents offering rebates.
Why should business owner’s "individual rights" trump the contract they signed by taking out their business license? An open door enterprise is defined by law as a public accommodation. It exists to fill a perceived need on the part of the public.
The question’s assumptions and setup are wrong, legally speaking, but…As a starting point of law in the United States, people and businesses can do whatever they want. They do not need permission from government to do so, or sign any contracts with government that entitles them. This is not necessarily true from a historical perspective in Europe or other places, where any activity is allowed only by the grace of the King. But in the US, no, anyone can do whatever they want.On the other hand, as an exception to everybody’s freedom to do whatever they want, governments at the local or national level can enact whatever laws they may, that will tell people and businesses what they can and cannot do, or are required to do.In the case at hand, governments require businesses to register and pay taxes, regulate how they go about their business. One requirement at the local level is to obtain a business license. The business license is not really relevant to whether a business may or may not discriminate. That comes from elsewhere, various civil rights acts at the national, state, and local level, forbid businesses that serve the public from discriminating against people on the basis of things like race, religion, national origin, sex, gender, marital status, age, and so on. One such restriction in some places but not others is to forbid businesses from discriminating on the basis of sexual orientation.There is a recent line of laws and cases that would establish that forbidding people and businesses from discriminating based on sexual orientation runs against the constitutional separation of church and state, by requiring people to do something that is against their religion. That seems patently ridiculous, but that’s what happens sometimes when you appoint backwards looking conservative judges.