For Sale By Owner-56 Questions to Ask Yourself...

For Sale By Owner-56 Questions to Ask Yourself...

Commission is not everything! Elkhart Real Estate Agent Evelyn Johnston with Elkhart County Subdivisions says, selling your home by yourself could be dangerous to your financial health. And here is why, are you up to date with

• Indiana's Real Estate Laws?
• The Federal Real Estate Laws?

My Real Estate Partner in 2007 Pamela Brubaker developed these 55 questions to ask someone who is thinking of selling their home alone:

1. Do you have a contract that was drafted specifically for use in Indiana? (your state)
2. Do you need an escrow?
3. What is the purpose of an escrow?
4. Do you know how to find an experienced escrow company and escrow officer?
5. Does your transaction need or require title insurance?
6. What is title insurance?
7. Who does title insurance protect?
8. What is the difference between lender's title insurance and owner's title insurance?
9. What is a commitment for title insurance?
10. Is a commitment for title insurance necessary?
11. How do you get a commitment for title insurance?
12. Do you know what exceptions contained in Schedule B Part II will be a problem for your transaction?
13. What is Schedule B, Part II of a commitment for title insurance?
14. Can you understand a commitment for title insurance?
15. Should you get standard coverage or extended coverage title insurance?
16. What is the difference between stand coverage or extended coverage title insurance?
17. Who should pay the additional cost of extended coverage title insurance?
18. Is earnest money required to have a valid contract to buy land?
19. If so, what is the minimum amount of earnest money?
20. Who should hold the earnest money?
21. What information about the property does state law require the seller to disclose to the buyer?
22. When must hte seller disclose information about the property to the buyer?
23. How does the seller disclose information about the property to the buyer?
24. Does the Residential Lead-Based Paint Hazard Reduction act of 1992 apply to the transaction?
25. If so, how do you comply with its requirements?
26. What are the consequences for failing to comply with the Residential Lead-Based Paint Hazard Reduction Act of 1992?
27. If the home is subject to a homeowners association (HOA), does your contract contain the HOA disclosures required by state law?
28. What information about an HOA must a seller disclose to the buyer?
29. Does the HOA disclosure requirement change depending on the size of the HOA?
30. What are the seller's obligations if the home has a septic tank? What are the buyer's obligations if the home has a septic?
31. Are you familiar with the Foreign Investment in Real Property Tax Act of 1980 ("FIRPTA") and Sections 897 and 1445 of the Internal Revenue Code?
32. Do you know when Section 897 requires the buyer of U.S. real property to withhold a portion of the sales proceeds and pay it to the IRS instead of the seller?
33. If the buyer is required to withhold sales proceeds and pay it to the IRS, but does not, the buyer will be liable to the IRS for the amount that was not withheld and paid to the IRS.
34. How much of the sales proceeds does FIRPTA require the buyer to withhold and pay to the IRS?
35. Does your purchase and sale contract allow a buyer to withhold a portion of the sales proceeds and pay it directly to the IRS instead of the seller pursuant to FIRPTA? It should.
36. What is a FIRPTA Affidavit?
37. Will the seller sign a FIRPTA Affidavit? What information must be in a FIRPTA Affidavit?
38. What is an ALTA Survey?
39. Does your contract require an ALTA Survey?
40. Should your contract require an ALTA Survey?
41. If so, who should pay for it?
42. Does your contract provide that the home will be conveyed by a Warranty Deed, Special Warranty Deed or a Quit Claim Deed?
43. What is the difference between a Warranty Deed, Special Warranty Deed or a Quit Claim Deed?
44. Which type of deed is best for the seller?
45. Which type of deed is best for the buyer?
46. Should the buyer take title as community property, community property with right of survivorship, joint tenancy, tenants in common or in trust?
47. What are the income tax consequences of taking title one way versus another?
48. If the buyer will owe the seller money after the sale (a carry-back loan), can you prepare a legally sufficient Promissory Note that evidences the terms and conditions of the debt?
49. If there will be a carry back loan secured by a lien on the home being sold, can you prepare the lien?
50. Should the lien that secures the carry-back loan be a Mortgage, a Deed of Trust, a Security Agreement or another type of document?
51. Should the lien be recorded?
52. If so, where is the lien recorded?
53. If there will be a carry-back loan, does your purchase contract provide for it?
54. Are the Promissory Note and the lien attached as exhibits to the purchase contract? Can you answer these questions in order to protect your financial position as the Home Owner?
55. How about your buyers?
56. Do you have enough confidence in the Home Owner to risk your financial position?

REALTOR(r)'s are trained to know the answers to these questions and deal with solving these issues every day. Call your local Elkhart REALTOR(r) Evelyn Johnston with Elkhart County Subdivisions at 574-304-7148.