Are there any affordable real estate attorney to help with writing up the contract to buy a home from a for sale by owner?

Bankruptcy and Debt 5 views 3 answers
we live in san mateo county but are looking to buy in san joaquin county. we are looking to buy a home that is being sold by the owner, not being represented by a real estate agent. obviously, the reason they are selling with out the agent is they want to say as much money as possible, plus the owner has background in title and reals estate and feels confident about doing the sale without the agent. for us, the buyer, we have no idea how this works, plus the agent that we do have, is not willing to represent us because he will not get a comission other than a finders fee in which he thinks it is too low and does not want to deal with it.

Attorney Answers

3
John Kitta ·
There are quite a number of experienced competent real estate transaction attorneys who draft purchase and sale agreements on a regular and frequent basis. Your cost really shouldn’t be excessive but if a broker is not involved it is most unlikely the seller would be compliant with the law and provide all the necessary disclosures as required by various statutes. This maybe more the seller’s problem than the yours as the buyer but you really hate to get involved with the situation that has far larger chance of ending up in litigation based upon the seller’s failure to disclose.
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Sarah Litchney ·
While the owner may be selling it "for sale by owner" if they put it on your local MLS they already indicated a percentage of the sales price that they were willing to pay to an agent who may bring a buyer. There are a lot of complex documents and disclosures involved with any sale, not to mention the negotiations it is prudent that you have representation in this whether it is a real estate agent or a real estate attorney. I am both and often help buyers and sellers in these areas. Please let me know how you found the property, if it was on a site like Redfin or Ziprealty or Realtor.com the seller had it on the MLS and has offered a commission, i can look it up and let you know how much.
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Frederick Hayes ·
I am a broker-attorney, and I offer this type of service for people in my area. I cannot perform the service for anyone in your area. There probably are attorneys in your area that do this. The issue of who will pay for the services would need to be addressed. I am usually hired by sellers, but you may be able to hire an attorney and negotiate for the seller to pay the cost from proceeds. Good luck !
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