Our upcoming house purchase will be just a for sale by owner sale, even though the seller is a real estate agent. She now wants to move out after closing, which we said no to. Since she cetainly should know better, I'm wondering what else could happen against us?Why should I use a real estate attorney in a for sale by owner sale?
Oh you need one alright.
It is illegal for an agent to do they own FSBO in the first place. If they are willing to break that real estate law they are willing to break others.
I would not hesitate, you need an attorney.Why should I use a real estate attorney in a for sale by owner sale?
If this is your first purchase, you'll probably need expert advice on all sorts of things related to the purchase and sale contract (including reps and warranties, contingencies and holdover rents), deeds, title search and title insurance, closing costs, financing, taxes, insurance, recordation, and possibly side agreements (tenant at will, bill of sale and warranties for any personal belongings being purchased with the house, transfers of utility and other contracts for services, etc).
Also, as the broker is the seller, there is an inherent conflict of interest with your rights, and you should have your own counsel (in addition to whatever the lender may have).
Once you close it is your home, if they want to be in YOUR home they need to pay rent, even if is for a day. Tell them since they will have to rent you home you will need a deposit to cover any damage.
In my state I can do a FSBO as long as I Disclose I am a real estate agent. It has to even be disclosed in all my advertisements.
You are making one of the biggest investment in your life. Unless you are a 110% cconfident in what you are about to do I would use somebody else who looking out for your interest, either another Realtor or an Attorney.
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