What Should a Home Seller Do If a Storm Damages the Property Before Closing? If a storm hits while a home is under contract, the seller should promptly inspect the property, photograph any damage, prevent the damage from getting worse, notify the seller’s attorney and insurance carrier, and determine the extent of the problem before promising repairs or credits to the buyer. Material new damage may need to be disclosed, and the purchase contract may give the parties specific rights and obligations when the property is damaged before closing. This issue is particularly relevant in the Chicago area after repeated storms have brought destructive winds, hail, flooding and heavy rain.…
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FSBO Sellers: The Buyer’s Attorney Is Not There to Protect You
When selling a home privately, one of the most common mistakes a seller can make is assuming that they are protected because “there is already an attorney involved.” That sounds reassuring. It should not be. If the attorney represents the buyer, then the attorney’s job is to protect the buyer. Not the seller. This does not mean the buyer’s attorney is doing anything wrong. Quite the opposite. A good buyer’s attorney should be looking out for the buyer’s interests. That is the purpose of representation. But sellers, especially FSBO sellers, need to understand the difference between an attorney being involved in the transaction and an attorney representing them. Those are…
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FSBO Sellers: Don’t Argue About the Buyer’s Broker Fee. Do the Math.
A seller recently came to me with a concern I expect to hear more often: “I don’t want to pay the buyer’s broker.” That reaction makes sense. If you are selling your home FSBO or through a private sale, one of the main reasons is usually to control costs. You may not want to pay a listing broker. You may not want to pay a buyer’s broker. You may feel like the whole point of selling privately is to avoid giving away part of the deal in commission. Fair enough. But sellers need to be careful. A request for buyer-broker compensation should not automatically become a symbolic fight. In many…
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5 Mistakes FSBO Sellers Make Before They Even List
Many homeowners choose to sell their property without hiring a realtor. Sometimes they already have a buyer in mind. Sometimes they want to avoid paying a commission. Sometimes they simply believe they can handle the process themselves. Selling a home without a realtor can be successful, but many For Sale By Owner (FSBO) transactions encounter problems before the property is ever listed. Here are five common mistakes that can create unnecessary headaches later in the transaction. 1. Pricing the Property Based Solely on Zillow Online valuation tools can provide a useful starting point, but they are not appraisals. Automated valuation models often miss factors that significantly affect value, including: Property…
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FSBO Sellers: The Hard Part Starts After You Find the Buyer
Many homeowners who sell by owner focus on one major goal: finding a buyer. That is understandable. Without a listing agent, the seller may be handling pricing, photos, showings, buyer questions, and negotiations on their own. Getting someone interested in the property can feel like the biggest hurdle. But in many real estate transactions, the hard part starts after the buyer says yes. Finding a buyer is important. Getting the transaction to closing is a different challenge. A Buyer Is Only the Beginning Once a seller has an interested buyer, the transaction moves into a more detailed phase. The parties need a written contract. The contract may go through attorney…
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Why Final Walkthrough Issues Can Cost a Seller at Closing
Why Final Walkthrough Issues Can Cost a Seller at Closing By the time a home sale reaches the final walkthrough, many sellers assume the difficult part is over. The contract is signed. Attorney review is done. Inspection issues were negotiated. Financing is moving toward the finish line. At that point, it is easy to view the final walkthrough as little more than a formality. But in many transactions, the final walkthrough is the buyer’s last chance to confirm that the property still matches the deal that was made. If something is wrong, the issue can still affect closing. That is why final walkthrough problems can cost a seller time, money,…
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How FIRPTA Can Tie Up a Seller’s Real Estate Sale Proceeds
How FIRPTA Can Tie Up Your Real Estate Sale Proceeds For many sellers, closing is the moment when months of planning finally turn into net proceeds. But for some sellers, a large portion of those proceeds may be withheld at closing under a federal rule known as FIRPTA. If that happens late in the transaction, it can come as a major shock. In plain English, FIRPTA can cause 10% to 15% of the sale price to be withheld and sent to the IRS, even before the seller’s final tax liability is determined. In some cases, that money may not come back until after the seller files a U.S. tax return.…
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Selling Without a Realtor (FSBO) in Chicago: What Sellers Forget to Negotiate
What Sellers Forget to Negotiate in Private Home Sales Private home sales are becoming more common in Chicago-area real estate, especially when a seller already knows the buyer. Sometimes it’s a friend, family member, neighbor, tenant, or someone who heard about the property before it ever hit the market. At that point, many sellers assume the hard part is over. They have a buyer, they have a price, and they are ready to move forward. But in many private sales, the real friction starts after that. Why? Because a buyer and a price are not the same thing as a complete deal. A private home sale still requires clear agreement…
