I have shown FSBO's to my buyers ... it's not an easy process ... but I do it if the home seems to meet my buyer's criteria. However, I've only had one buyer actually decide to buy a FSBO. Those buyers happened to be my daughter and son-in-law ... also, known as "the kids". That "experience' is the purpose of this post, and I believe it represents what can possibly transpire when dealing with an "unrepresented seller".

"The Kids" were renting a home in a very small rural town and wanted to stay in this community for my grandaughter's sake in the small school system. The town offers essentially two types of homes: those built in the early 1900's and ranches built in the 50's and 60's. Prices ranged from $90K to $120K.

We went through the process of getting them pre-approved, then began searching the MLS for homes. We viewed those that met the criteria, but none were "just right". Then one day my daughter called to say that a FSBO sign had just gone up on a cute ranch on the same street as their rental. She gave me the phone number on the sign, so I called the seller to first see if he was willing to co-op and would he sign the required paperwork indicating that. He said he would, so I set up a time to show the home. He was to meet us there, sign the paperwork and give us entry into the home.

So far, so good!

Richwood ranchI pulled comps for this specific home, checked what he had paid for the property, checked the Auditor's site for any delinquent taxes, etc, etc. He had volunteered during our initial conversation, that he had purchased the home direct from his sister. The Auditor's site said they had paid $107K for it a year previous. The price he was asking was $114.9K, but they had added a number of improvements since owning it.

paver patioWell, the house was darling! The improvements they had made were truly very nice. Ceramic tile, pedestal sink and brushed nickel in the updated bath. The kitchen remodeling was wonderful and it now has become our favorite place for Thanksgiving dinners. The elevated circular paver patio is so pleasant on summer evenings. This seemed to "be the one".

So far, so good!

We "casually chatted" with the seller after viewing. Here's what I learned in that "casual chat".

  • The seller is a loan officer working in Dublin.
  • They had planned to live in this home for quite some time (hence, the over-improvement), but now his boss's home is up for sale, and the very pregnant wife really wants to buy that home.
  • He bragged about the subdivision it was in, and I know that prices in that community are around $500K.

So far, so good ... and getting better!

So the kids and I went back to their home to prepare an offer. There's no doubt about the improvements adding value, but to me, it indicated that (1) he overpaid his sister for the home and (2) in this small community, the price should still be no more than $108K. The main piece of info that we considered was the price of the home they WANTED to buy and their URGENCY to buy and move before a baby came in another month! So I told the kids "let's go for it". We prepared an offer for $108K with seller paying $4K in closing costs. I dropped the offer off to the seller at 10 pm.

So far, so good ... we'll see how it goes.

The seller called me the next morning to tell me they had signed the offer and were faxing it to me! I couldn't believe it! So we proceeded to move toward closing. Inspections went well. Remedy fixes went OK. The seller was so-o-o agreeable to everything we asked for. I attributed this somewhat to the seller being a lender and as such, more knowledgeable than an average consumer.

So far, so ..... WHOOPS!

The day before closing both the seller and I receive the faxed HUD. I review it for correctness and all looks OK. I get a call from the seller who is in a panic! You see, the HUD says he needs to bring $5K to closing! He tells me that ...

  • he didn't know he would be paying $4K in closing costs (translated - he didn't really read the contract!)
  • they had purchased and closed on the boss' home the previous week. (and how stupid was THAT!)
  • his wife might go into early labor once he gave her this bad news (well, that baby's going to come out sometime in the next week anyway)
  • if I were a "good mom" I would eliminate my commission so my kids could buy the home. (nice try! You qualified to buy a $500K home without selling this one.)

I called my daughter to give her the news that we might not be closing because the seller seemed to not have the money. She was OK with it. Her position was that we were looking for a home when we found this one, and we could just continue to look. The seller also called her to get her to try to convince "her Mom" to forego the commission in order for her to be able to buy their home. My daughter told him the same thing she told me.

So far, so ..... please, please, please ... I don't want to tell my wife that I screwed up!

As the day went on, both my daughter and I received pleading phone calls from the seller. My response didn't waiver, plus I added that I thought that with him being a lender, we had a right to expect that (1) he knew how to read contracts, (2) that he would have done a Net Equity review prior to putting his home on the market or prior to agreeing to a contract and (3) and that he wouldn't agree to a contract if he knew he didn't have the cash to close. The fact that he might just end up owning two homes, wasn't our concern.

So far, so ... maybe we'll see you tomorrow morning ... maybe we won't

Well, 10:00 came and went, as did 10:05 ... 10:10 ... 10:15. Finally the sellers walked in, carrying a fat envelope filled with $5,000 in cash in assorted denominations of bills. The wife was obviously not a happy camper, but we were unsure as to whether she was upset with the husband ... or me ... as she never said a word. They signed their papers. The title company made copies of all the currency ... a requirement I learned. And then the sellers left. My kids finished signing and we closed OK, having a good chuckle afterward.

I wonder if when this young couple decides to sell that $500K home, whether they'll decide it might be worthwhile to have a professional represent them!

 

 

27 Comments on Selling a FSBO ... what do you mean you didn't read the contract?

Amazing!  He knew so much that he could represent himself, but couldn't figure out that he was going to be bringing money to the table.  Just the fact that he let you know what position he was in by bragging about the home they were buying...These are the very reasons that agents do better for people.  He knew enough to be dangerous!

01/13/2007 01:51 PM by Chris Tesch College Station, Texas Real Estate (RE/MAX Bryan College Station)


Thanks for that scary story! I just finished my first deal where I represented the buyer and the land was a FSBO. I worried the entire time. But I had the seller sign a CMA so he knew what he was selling was at market value and I had him sign a estimated closing statement. All went well, but boy it made me nervous! Congrats to 'the kids'!

01/13/2007 01:52 PM by Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate)


You know, I hate to take joy from others' suffering but I always enjoy hearing stories of those who wake up one day deciding they're a realtor, so certain that it's an easy job and we're all "overpaid." I've personally dealt with several such situations and I just can't help but laugh when I see these folks scrambling around in a panic when they realize there actually is more to it than just putting a sign in the yard and everything magically getting to the closing table on it's own. Great job of sticking to your guns by the way!

01/13/2007 02:02 PM by Ryan Hukill - Edmond Realtor® (Hukill Group - Paradigm Realty)


Elaine the fella on my blog is not a consumer...I mean he is a consumer as much as everyone is a consumer.   He is not an Active Rain member but he is a very outspoken critic of NAR.   

His 77 page pdf  which he left in his second comment tells exactly where he is coming from, what his agenda is and if you read the footnotes you can see whom he's aligned with.  He wrote that paper for the Brookings Institution.   He wrote in the second comment on my blog " "Some of my many references are in footnotes 106, 107, and 108 of my law review article.   (The full 75-page article is available free at _____________.  I  keep thinking he is an economist... but I believe he is an attorney. look at the footnotes for whom he is relying on for the data. 

There are a couple of references to him on Broker Bryant's blog and in one Bryant refers to him as a consumer but I would think consumer advocate in the way the CFA is a consumer advocate is more accurate.   

Compensation or performance? Which one will it be?  

Hello John Q. Consumer Welcome to our world.

He's in the comments there too.  

01/13/2007 02:10 PM by Maureen McCabe - Central Ohio real estate (Real Living HER)


Chris: yes, he was quite a braggart. You could tell he thought he was "hot stuff" throughout the transaction. No doubt that's why he was so desparate for me to save his skin at the end. However, my commission was less than what he needed to bring, so it really was a mute issue.

Dena: As an unrepresented seller, the Net Equity review was the missing piece. With a regular seller, the agent does that for the seller so there's at least "some" assurance that the seller has the funds to close. However, one would think that someone who is a LENDER wouldn't enter into a contract if he couldn't perform. Having them sign an estimated closing statement is a thought, but does it carry any weight other than perhaps open up their eyes? Did you have them sign that as part of the contract? Did you have access to their mortgage/lien amount? I know many times sellers don't understand that the balance on their mortgage statement isn't the amount required to close the mortgage. Property taxes paid in arrears often gets them as well. Or, that equity loan that was used to buy a car, isn't really a car loan but a lien on the home.

01/13/2007 02:16 PM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


Ryan: If they hadn't already bought a $500K home, and instead were buying say a $120K home, I may have been willing to help somewhat. But buying that high of priced home AND being approved for it without selling this one, didn't generate much sympathy from any of us.

Maureen: Ah-h-h, a crystal ball gazer! Brookings is well known for their RESEARCH. Therefore, he shouldn't be making "assumptions". Makes me wonder if other Brookings data is assumptions rather that hard research data.

01/13/2007 02:24 PM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


Excellent outcome.

Too many buyer's agents especially if they are the buyers' MOM would have given in. 

There is no need to be the seller's MOM too.

Lenn

01/13/2007 04:41 PM by Lenn Harley, Homefinders.com, MD & VA Real Estate


I love your last comment Lenn.

Elaine this is the best FSBO story I have read on AR what an eye opener for a consumer - my only FSBO sale was to a gentleman who also wanted me to reduce my commission at the end. Gee, I wonder if that is a pattern? :-)

01/13/2007 04:47 PM by Carole Cohen Realtor®, ePRO (Howard Hanna Cleveland City Office)


Lenn, as I noted in an earlier comment response, I could have done away with my portion of the commission (and only kept the broker's part) but that wouldn't have solved his problem because he owed much more than that. The reason the kids were willing to let the deal go is that they are very religious. They put it in God's hands and had the philosophy that if it was meant to be, it would happen. They liked the home but they weren't in LOVE with it. Just don't want people to think I'm a cruel Mom.

Carole: I'm always amazed at buyers or sellers who expect us to be the answer to their financial problems that they got themselves into. Do people ask dentists, lawyers, CPA's to contribute to their financial binds??? I think I'll see if my CPA will share in the amount of taxes I owe. Think that will work?

01/13/2007 05:08 PM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


Elaine if it works, I can drive to Columbus to have my taxes done as well :-)  Good point and good analogy

01/13/2007 05:10 PM by Carole Cohen Realtor®, ePRO (Howard Hanna Cleveland City Office)


The ones that have it made are the lawyers. They get to charge by the hour. I want to charge several hundred dollars per hour. Have the charges start when the phone rings. And, can I charge extra for weekend and nights? I've always joked that on an hourly basis, I could make more at Wendy's plus, I would get medical insurance there ... and maybe some free food. ;-)

01/13/2007 05:24 PM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


Great story Elaine.

I had a similar one where the seller was an attorney and he was using a limited service listing company. After I showed his house, he called me for feedback and to tell me that he would pay me a "full" commission instead of what was in the MLS. This was several years ago, this type of limited service agreement - no representation- is now illegal in Illinois.

Well, the buyer wanted the house... so we wrote it up at a very good discount, the seller drew up an addendum about paying my company... then he proceeded to tell me that he would represent himself at the closing. I asked if he does much real estate and he said "yes"

Several weeks later I am at the closing table with the buyer and his Attorney "Tom", Tom looks at me and says.. "I'll be suprised if he's (the Seller) prepared"   Low and behold... the Seller looks at the documents and looks befuddled. Tom's eye's roll back into his head... and asks the closer to help the Seller with the docs. Tom asks the Seller for the deed... Seller looks at his wife... she looks at him and says "what are you looking at me for? I'm a teacher, not a lawyer" Tom pulls a blank deed from his briefcase and proceeds to hand write the deed. The closing took three hours, the buyer's attorney Tom did all of the work and didn't charge anything extra.

 

01/13/2007 11:25 PM by Angus in Naperville IL (RE/MAX Affiliates)


Old Proverb: "He who represents self has a fool for a client."

Why do people think they can negotiate a deal for themselves and tell you all about how wonderful they are...

kk

p.s. glad you had a happy ending.

01/14/2007 12:20 AM by Kristal Kraft ~ Denver Real Estate (The Berkshire Group Realtors)


Angus: that's a funny story. I get a kick out of it when an attorney comes to closing without having read any of the papers prior, then proceeds to want to change the contract language that was created by the local Bar Association ... which we, as agents, don't dare change. Then I have to explain why that particular sentence was added to the contract by the Bar Assoc. Nice of your Buyer's attorney to not charge extra - maybe he should have charge the seller/att'y however! ;-)

KK: Yes, that is a very good Proverb. I've had sellers who haven't sold a home for a long time, and they're so-o-o amazed at how much more involved the process is now, thanks to all the disclosures and new laws we/they must adhere to. It's definitely NOT like selling a used car in the nearest parking lot.

01/14/2007 08:59 AM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


As a loan officer there are two reasons that you use a Realotr to sell your home.

1. Their expertise is very valuable and they earn their fee.

2. If you call on them for business you are a hipocrite (spelling?) if you priase them during solicitation and screw them when it comes to the service.

Great post. Hope boy-wonder learned his lesson.

01/14/2007 10:24 AM by M & T Bank


John, "boy wonder" - that's a good name for him. I definitely DIDN't add him to my referral list, that's for sure. Wonder how he does at preparing his buyer clients with a Good Faith Estimate! Now, that's a scarey thought!

Question for you as a lender, if you were in his position, would you or do you have the ability to do a Seller's Net Equity review?

01/14/2007 05:40 PM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


I am going to be very OT here, Elaine, but I LOVE your new umbrella pic.  How fun.

01/15/2007 09:17 AM by Maureen Francis & Dmitry Koublitsky, SKBK Sotheby's - Metro Detroit (SKBK Sotheby's International Realty)


The 2 Maureens: Just trying to keep up with Angus' creativity. OT is OK. Some of us just hijacked Angus' sincere post on Naperville.

01/15/2007 09:25 AM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


Phylena: No doubt there are some FSBO's that go off without a hitch, but I think it's risky for folks to do it. To say nothing about the safety of having unknown, un-approved people walking through the home while the seller is there.

I checked out your profile and see that you work in Buckhead. One of our top exec consultants (at my former career) lived there. Beautiful part of Atlanta.

01/15/2007 10:40 AM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


Elaine I love your new photo, you are so creative. You sure like to mix it up great comments on Maureen McCabe's post. You rain gals are just too much...

01/15/2007 06:50 PM by Karen Gorski - Real Living HER - Delaware/Franklin County Ohio (Real Living HER - Worthington Ohio)


The umbrella pic is a real winner! Awesome!

 

01/15/2007 07:24 PM by Angus in Naperville IL (RE/MAX Affiliates)


Karen & Angus: thanks for the compliment. Gotta keep up with you Angus. You're the Cow Master!!!

01/15/2007 07:49 PM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


Greaat story. Amazing how some people try to backpeddle when they don't do their due diligence. Glad it worked out. I have had similar experiences - not fun. But it's hard to feel sorry when these issues could have easily been avoided by working with a knowledgeable real estate professional.

Jeff

01/18/2007 10:07 AM by Jeff Dowler ~ Carlsbad Real Estate (RE/MAX Associates)


Jeff, I'm really glad it worked out OK also, as it really is a cute home in good condition. I think I probably liked the home better than the kids did. My son-in-law was concerned that it only had one bath - in a family with 3 daughters & one wife! He figured he didn't stand a chance!!! ;-)

01/18/2007 11:10 AM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


Elaine, I'm feeling like a stalker now...  I've read 3 of your posts and made no comments.  sorry.  They've been great.  It's late in the day and I'm tired.  Not even the points are incentive enough he he he

01/19/2007 10:40 PM by Palmetto Bay | Redland Real Estate | Maggie Dokic (EWM Realtors)


Maggie: Been there - done THAT! Now get some sleep! AR is too much of an addiction.

01/20/2007 09:37 AM by Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)


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Real Estate Agent: Elaine Reese, REALTOR® in central Ohio (Real Living HER, Worthington Ohio)
Elaine Reese, REALTOR® in central Ohio
Powell, OH
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Real Living HER, Worthington Ohio

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