When representing Buyers who want to buy a For Sale by Owner (FSBO) property, we have a number of forms for the Seller to sign, all reiterating, ad nauseum, that the broker/agent:
- Does not represent the Seller
- Has duties and responsibilities ONLY to the Buyer
Among other verbiage, the forms say (more than once) "There is no Broker representing the Owner in this transaction," just in case they miss it on the other half dozen forms they sign basically saying the same thing.
And just in case it still hasn't sunk in, there is even a For Sale by Owner Responsibilities form they have to sign off on. The first paragraph states:
Since this sale does not include a listing broker/agent to advise, guide or direct the Seller regarding the sale of their property, certain responsibilities become the duty of the Seller.
Then it goes on to list a number of items for which the Seller is responsible. The list is very helpful, quite honestly, considering the Seller has opted to go it alone.
It couldn't be more clear.
And, yet, at times, we still find ourselves in the position of being contacted by these DIY Sellers, who inevitably find one thing or another about which to be unhappy.
I'm sorry you were not aware you were responsible for ordering (and paying for) HOA documents (I will refer you again to the FSBO Responsibilities Form which documents all the things you may need to do as a For Sale by Owner).
I'm sorry you moved away a few years ago and didn't hear the news about the new Congestion Relief Fee (yes, yes, it is a tax, but you know how politicians are) Sellers are responsible for paying (again, look at the FSBO Responsibilities Form).
I'm sorry you weren't aware you would incur closing costs and taxes as a Seller (don't make me repeat myself, but it's there, on THE FORM).
I'm sorry you didn't know you weren't required to fix everything on the Home Inspection Contingency Removal Addendum, but once again, that's not my job. My job is to represent my clients, the Buyers.
I'm sorry you just found out what your neighbors' house sold for and feel you were "ripped off." For the record, my Buyers are very well aware of what a great deal they are getting and are appreciative you decided to sell on your own. It has worked out very well for them.
I'm sorry but no, we are not renegotiating the contract because you weren't aware of what your expenses would be nor how much you could have sold your house for.
All of this is something a real estate agent could have helped you with, but since you decided not to hire an agent, nor engage an attorney, then you are truly on your own. And it's not really my responsibility to fix for you - after all, it couldn't be more clear. I don't represent you.
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