“FSBO” is an acronym for “For Sale by Owner.” There are always
some FSBOs available in any neighborhood. When the market is
hot and houses are selling well, sellers try to avoid paying a commission
by selling themselves. When the market is cold and houses
aren’t selling, sellers eventually give up on agents and try to sell by
themselves.
If you’re house hunting, you owe it to yourself to check out the
FSBOs in the area where you want to live. You just might find
exactly what you’re looking for. When you do drop by (usually it’s
best to call first, since many sellers working without agents are wary
of strangers), expect to be courteously shown around the property.
Take the time to check out the home. Look it over carefully, especially
since you won’t have an agent along to point out good
parts . . . and bad.
If you decide that you really like it, then the real work starts dealing
with the sellers direct. Unfortunately, many FSBO sellers have
only a vague idea of what the market price for their house should be.
Most often they are asking too much. If you suggest this to them,
they may be insulted. It is very difficult to negotiate terms or price
reductions with them because of the one-on-one relationship
between you, the buyer, and the seller. Unless you’re well versed in
real estate, you’ll probably find it’s difficult to deal with FSBO sellers.
Additionally, there’s the matter of resolving how the paperwork
will be handled. We cover resolving these issues in this article.
One way of handling FSBOs is to work with a “buyer’s
agent.” Prearrange with the agent. (See Article 6 for
tips on how this is done.) When you find an FSBO that
you like, the agent will step in and handle the negotiations.
Of course, for his role, the agent will expect at
least a buyer’s agent’s commission (usually half of a full
commission). Often agents can convince the sellers to
pay this. But if that’s not possible, you could be on the
hook for it! Be sure you determine in advance how your
buyer’s agent will handle commissions.
My own experience with FSBOs has been mixed. As a buyer, I have
walked the streets stopping at FSBOs and talking to sellers. I have
tried to buy the homes for myself. Unless the seller is just trying to
sell by owner for a few weeks before listing, the results have almost
universally been dismal. Typically a determined FSBO seller wants
too much for the property or is inflexible when it comes to the
terms. In other words, I can usually make a better deal on a property
that is listed by an agent. But not always.
Why Does a Seller Go FSBO?
Almost 90 percent of sellers who start out trying to sell FSBO eventually
give up and sell using an agent. Why don’t they simply list to
begin with and save time?
The answer is that they want to save money. They’re hoping that
you (or some buyer) will come along and pay them full price, take
care of the financing, and let them avoid paying the big 6 (or 5, or
7, or whatever) percent commission to the agent.
What few FSBOs recognize is that what’s important is selling the
home. And trying to get an unrealistic price is wasting the seller’s
time. It’s wasting your time, too.
However, every once in awhile, you’ll come across an FSBO who
really wants to sell quickly and understands that by giving you a
bargain price, he or she can not only save a little on the commission,
but also get a quicker sale. That’s the FSBO you’re trying to
find.
TRAP YOU SHOULD PAY LESS FOR A FSBO? Remember, you’re not getting the benefit of an agent
oiling the waters to make the deal go smoothly. You
have to do some of the work, or hire an attorney or
agent to do it for you. Therefore, there’s every reason
to expect to pay less for a FSBO.
Where Do I Find FSBOs?
Walk neighborhoods where you want to live and buy a home. Drive
the streets. Look for signs that say the house is for sale by owner.
Also check for “assisted” sale home. Some brokerage agencies,
such as “Assist-to-Sell” will provide signs and some assistance to sellers
who are trying to sell by themselves.
Try checking the local newspapers under the head, “For Sale by
Owner.” Sometimes there will be many ads there, sometimes only a
few. If any are in your price range and where you want to buy, call
them right up and get out there to look at the property.
And check the Internet. There are dozens, sometimes hundreds,
of FSBO sites. I’m not listing any FSBO sites here simply because
they seem to come and go with surprising frequency. Just use a good
search engine to locate them. (Key in the words “FSBO” or “by
owner real estate.”
Don’t be hesitant to check out any properties you find on the
Internet. Usually the seller’s name and phone is given. Just call him
or her and continue on as if you had seen the ad in the paper. But
remember that the Internet is worldwide. Be sure that a property
you find is, in fact, in a location where you want to buy. It could be
in the next town, or the next continent!
Do I Just Walk In and Say Hello? Unlike when you’re touring with an agent, when you can wear whatever
you want and act anyway you like, when you first meet a FSBO,
you should be on best behavior.
Dress well. Be polite. Don’t hog the conversation. Let the FSBO
give you a tour of the property. Add the complimentary “oohs” and “aahs” at the usual places. In other words, try to make a good impression. Remember, if it turns out that this is the place you want
to buy, this seller is the person with whom you’re going to negotiate
and with whom you’re going to take the sale journey.
If you like the place, I recommend that you don’t begin negotiations
on your first visit. Rather, use that as strictly an exploratory mission.
Try to find out as much about the property and the seller’s
motivation as you can. At the same time the seller will be trying to
assess you and your intentions.
Later, after you’ve left and had a chance to think about it, if you
still like the place, call the seller and arrange another time to come
down and negotiate. Waiting has the added effect of letting the
seller know you’re not too anxious. And calling for an appointment
allows the seller to build anticipation as to what you might have on
your mind, how much you might offer. It gets the seller more interested
in seeing what you’ve got.
TRAP DON’T BE IN A HURRY
Don’t plan on simply breezing in, making an offer, and
then breezing out. Plan to spend time, hours if necessary.
Use “small talk.” Get to know the sellers better. Let
them get to know you. When you present your offer,
present it one element at a time. Sometimes, if you’re
lowballing, it’s better to present the favorable terms first
with the price last. The more time you and the seller
spend together, the more likely you are both to be committed
to working out a deal. After all, no one likes to
“waste” an entire evening with nothing to show for it.
After awhile, the seller will begin bending over backwards
to “save” the deal.
Finding the Enlightened FSBO
Let’s say you’ve dropped in on half a dozen FSBOs and realized that
they either weren’t for you, or if you liked them, the prices were too
high for the market. Now, suddenly, you find an FSBO in the neighborhood
and discover the seller is enlightened. He tells you that homes like his in the area go for $300,000. However, he’s selling by owner and realizes that’s a harder sell. So he’ll cut the price by an
amount equal to half a commission, $9000 in a price reduction, if
you’ll buy directly. The price will be $291,000.
Right off the top you’re offered half the value of the commission
in a price reduction. Now it’s a matter of negotiation. You point out
that, yes, you’re willing to buy. But since there’s no agent, you’ve got
to do all the usual work that the broker performs. Plus, you’ve got
the risks of dealing directly with a seller. You want a price reduction
equal to the full commission.
The FSBO balks, and maybe you compromise somewhere in
between. Or maybe he agrees. Remember, he’s keeping his eye on
the doughnut and not the hole. He wants the sale.
If all goes well, you’ve just gotten the home at a lesser price.
How Do You Handle Paperwork in an FSBO Deal? The correct answer is, “Very carefully!”
You can’t trust an inexperienced seller, one who probably lacks
the knowledge to handle the paperwork for the transaction. This is
an area that tolerates few mistakes. The wrong language, a misinterpretation
of a law, the failure to include some important item such
as your demand for a professional home inspection, could result in
a bad deal that could hurt you or that might end up in litigation. You
want it done right.
In actuality an enlightened FSBO will already have considered this
problem and come up with a viable solution. That solution, usually,
is to have an agent prepare the purchase agreement and other
paperwork on a fee-for-service basis. Alternatively, the seller may be
having an attorney do it. agents charge similar amounts (see Article 6). Keep in mind, however, that while attorneys that handle real
estate transactions are found all over the East Coast, they
are seldom found in other parts of the country. Fee-forservice
agents, however, are cropping up everywhere.
If the seller hasn’t come up with this solution, you can come up
with it yourself. Just be sure that you agree in advance who will pay
the costs of having the paperwork done.
That’s what the agent does. No agent? Then it’s up to you or the
seller. It’s a good idea to get an initial understanding between yourself
and the seller on the delegation of responsibilities. The last
thing you want is to think that the seller is doing something while,
in reality, he or she thinks you’re handling it.
Your fee-for-service agent, your attorney, or your escrow officer
can come up with a good list of things that need to be done in order
to close escrow. Then delegate who will do what. But be sure to call
the seller occasionally to see that he or she is doing her part. You
don’t want to come to the end of escrow only to discover that the
seller hasn’t even started with termite repair work.
Can I Negotiate with a FSBO
Seller?
Yes, but usually with difficulty. Face-to-face negotiations are something
that most of us cringe at. Yet, to get a home at a better price
by buying from a FSBO, it’s something we’ll have to do. Here are
some helpful points to remember:
FSBO Negotiating Tactics
Remember, this is business. Never say anything personally disparaging
to the seller. To do so will almost immediately end the
negotiations. If the seller says something personal against you, make note of it, and then move on. If you hold it personally against the seller, again the deal’s likely to come unraveled.
Argue at your peril. Always remember that if you argue with the
seller, there’s no third party to settle the argument. You could
each end up in a rigid, uncompromising position that would make
consummating a deal impossible. Instead, simply listen to the
seller and then present your position. If you’re at odds, then look
for common ground and whittle away until you’re both in agreement.
Sound easier than it is? Perhaps, but with a little practice
and keeping a cool head, it works surprisingly well.
Never lie, not even a tiny, little small one. If you have a credit problem,
you don’t necessarily have to bring it up. (Although if it’s going to affect the deal, getting it out in the open early on is a
good idea.) However, once it comes up, don’t lie about it. Don’t
make it bigger than it is, but don’t make it smaller either. Lies,
even small ones, have a way of poisoning the negotiation. If the
seller catches you in a lie, he or she begins wondering what else
you’re lying about. Maybe you’re just there to cheat the seller?
Maybe you really don’t have the cash to buy or can’t qualify for the
mortgage. And on and on. Telling the truth may hurt, but it hurts
a lot less than lying.
When the sellers’ price is way off, let them know. But back your
comments up with facts. Have a list of recent comparable sales in
the area to point to. Let the facts do the work for you. Figures
don’t lie. They tell what the house is worth.
Get It in Writing
You may be agreed on Monday morning. But by Thursday morning
the sellers may be having second thoughts and want to start negotiations
all over again.
Get yourself immediately down to an attorney or agent who’ll
write up the deal, and then get everyone’s signature. Only then can
you breathe a conditional sigh of relief (conditioned on the deal
finally closing some 30 days later after you get financing, the seller
clears title, and everything goes according to plan).
Why buy someone else’s home when you can design and build
your own?
You’d certainly be the rare person if the thought hadn’t at least
crossed your mind at some point in your life. It’s the secret dream
of a great many of us. I know it was the dream of my wife and myself
when we first did it years ago in the Sierra woods of Northern California.
The lessons we learned, as well as those of other self-builders
with whom I’ve talked, can be extremely helpful if you’re starting to
think more seriously about this.
Chances are you can’t do it better than builders whose
profession is putting up homes. They know materials
and labor, design and construction, as well as where to
cut corners and where to be lavish. But what you can
offer that they can’t is your own unique approach.
I firmly believe that everyone should build their own home at least
once. It’s an experience you’ll cherish and never forget. And the
home you produce will always have a warm spot in your heart.
Start with the Lot
The first thing you must do is find a lot. These days most people who
construct their own homes do so in rural or vacation areas (developers
having already built up most suburban areas). Lots are for sale
everywhere, but good lots are hard to find. Here’s a checklist of what
to look for in a good lot:
Lot Checklist
Location
Everyone knows that location is important in real estate, but it is doubly
important in rural or vacation areas. The reason is simple. Properties here
can take much longer to sell (frequently years). If you want to resell, you’re
going to need a prime location so you can get out relatively quickly. Does
your lot have the following (in order of importance)?
yes no
Water Frontage (river or lake)?
View?
Level building site?
Easy access roads?
Close to urban/suburban area?
Lot Amenities
These are the features of the particular lot that you find. Some lots are
grand, while others are not so grand. Does yours have:
Lots of trees?
A lot of room? (Sometimes a minus in the city, but usually a
plus in the country.)
Good building soil? (It’s harder to build in a swamp or
“rock country.”)
A lot of level ground? (It’s also harder to build on a
mountainside.)
Water
In the city it’s something we take for granted, but building in the country,
it’s a prime consideration. Does your lot have:
A well? (Not so good, but better than no water!)
A mutual or private water company (Good)
Water for irrigation? (Gardening)
Sewer System
It’s something important to consider before you buy. Does your lot:
Have access to a public a sewer system? (How much will it
cost you to hook up to it?)
Require a septic tank? (Do you have enough room for a
leach field?)
Power
Yes, many rural or mountain lots have not yet been accessed by the power
company. It’s a very big negative.
Does your lot have electric power?
If not, is it coming soon?
Drainage
This can be a big factor later on, although it’s something few of us remember
to consider when we buy.
Does your lot drain adequately?
Are there soft, wet areas indicating heavy water buildup?
Will you need to dig drainage ditches before you build?
Title
Buying a lot is not quite the same as buying a house. You have to worry
about all kinds of restrictions.
Can you get clear title?
Are there any easements (to power companies, water
companies, and so on) on your lot?
Are those easements just where you want to build? (If they
are, you won’t be able to.)
Are you in any kind of restricted area that would impair
your ability to build:
a coastal preserve?
a national forest?
a wildlife preserve?
other?
Is there a building moratorium in your area?
Environmental Concerns
These are important issues that you usually have to dig to discover:
Is your area facing any kind of environmental impact
control?
Is there something occurring in the area that would severely
affect the value of your property?
draining a lake?
changing the course of a river?
lumbering activity?
Is your lot located in a geologically unstable area
(earthquakes)?
Anything else that’s detrimental
“Leach fields” are something new to many first-time home builders
in rural areas. If you have a septic system, it is composed of two elements:
the tank, which holds the solid sewerage, and the leach field,
which drains out the liquid sewerage. Atank takes up only a few
dozen square feet. Aleach field, on the other hand, requires hundreds
of square feet, usually in a flat area. Be sure you have enough
room for your leach field as well as your building site when looking
at a rural lot. Have the county sanitation engineer check it out.
Watch Out for Poor Soil
Quality
The quality of soil is a crucial factor when building. Ideally, you want
soil that allows water to percolate yet retains its shape. Expansive
soils (mostly clays) expand when they get wet, and this can easily
lead to cracked foundations. Sandy soils can more easily wash away.
If there is any doubt at all, get a soils report from a qualified engineering
company.
How Are Lots Financed?
Generally, lots are paid for either in cash or with a mortgage carried
back by the seller (typically for a term of under 10 years at prevailing
interest rates). It would be a mistake to buy a lot thinking you
can refinance it through a bank or savings and loan. Most lenders
won’t loan on bare land. Banks, when they will loan, generally will
give only 50 percent or less of the appraised value. years at 2 percent below the current interest rate. Remember that lots are hard to sell and that frequently
people own them free and clear. You’re not going to get
such a favorable (to you) offer accepted every time, but
you will get it accepted more often than you might think.
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