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Hypothetical Involving Selling of a Rental Property


               
2017 Apr 8, 3:35pm   1,255 views  6 comments

by BayArea   follow (1)  

Hi guys, I'm hoping the sharp patnet members may be able to help me with a hypothetical I may experience soon:

I own a rental property and I'm liking where the comparables are over the last 6mo, which is leading me to put the place up for sale this summer.

My tenant has expressed interest in buying it in the past and my preference would be to sell to him to avoid having to list it on MLS, stage it, worry about realtor commission fees etc.

I have a price in mind that I would sell to him for but I want to make sure I cover my bases when making the price offer:

a.) I plan to present him, in writing, with the selling price I have in mind. However, I wanted to check in with you guys to see if I should include anything else in addition to the price. Since he isn't competing with anyone (his advantage), perhaps I want to write no contingencies etc into that price?

If it matters, he will be financing.

b.) Since no buyer or seller agents need to be involved, who should we go through for the agreement and all related paperwork? Should we each hire our own real estate lawyer? If so, maybe my presented price should include a note that he will be responsible for his lawyer fees if he would like to hire one to protect his best interest? Otherwise my representation can take car of everything.

I've never sold a property in this way and want to make sure I'm not missing anything nor overlooking my best interest.

Any recommendations guys? Thank you!

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1   Strategist   2017 Apr 8, 3:44pm  

BayArea says

b.) Since no buyer or seller agents need to be involved, who should we go through for the agreement and all related paperwork? Should we each hire our own real estate lawyer? If so, maybe my presented price should include a note that he will be responsible for his lawyer fees if he would like to hire one to protect his best interest? Otherwise my representation can take car of everything.

I've never sold a property in this way and want to make sure I'm not missing anything nor overlooking my best interest.

Any recommendations guys? Thank you!

Present the agreement and other information to an escrow and title company. They will do all the paperwork. You need to disclose everything about the property. You could get the forms online. Try legal zoom.com
Good thing you don't have 2 agents involved. It's usually the agents who end up creating an adversarial relationship.

2   Patrick   2017 Apr 8, 4:07pm  

It seems reasonable to me to offer a no-contingency price, which gives you the option to raise the price if he introduces contingencies.

3   Strategist   2017 Apr 8, 4:09pm  

Strategist says

Present the agreement and other information to an escrow and title company. They will do all the paperwork. You need to disclose everything about the property. You could get the forms online. Try legal zoom.com

Good thing you don't have 2 agents involved. It's usually the agents who end up creating an adversarial relationship.

Oh by the way. Getting forms from the local Realty board will be the best thing to do.

4   Patrick   2017 Apr 8, 4:13pm  

Strategist says

Oh by the way. Getting forms from the local Realty board will be the best thing to do.

If I recall correctly, they will not give you those forms unless you are an agent.

5   BayArea   2017 Apr 8, 6:36pm  

I like the idea of the no-contingency offer. I will surely go that route.

And I guess there isn't much more than the escrow/title company we need after reaching agreement on price.

My mother in law is a realtor (I know I know lol) but she offered to mediate between us and the title/escrow company for zero commission. That might be a good route too to have someone experienced guide us.

6   bob2356   2017 Apr 9, 2:55am  

BayArea says

I like the idea of the no-contingency offer. I will surely go that route.

And I guess there isn't much more than the escrow/title company we need after reaching agreement on price.

My mother in law is a realtor (I know I know lol) but she offered to mediate between us and the title/escrow company for zero commission. That might be a good route too to have someone experienced guide us.

If you are worried about your best interest then is there any reason you aren't just letting a real estate attorney draw this up? You are going to need one anyway. They do it all day every day. Let them get it right from the get go. It doesn't cost that much and is much cheaper than fouling it up.

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