Don’t Go It Alone
Buyer beware also applies to sellers who buy into the notion they can save money by selling their home by owner (FSBO). First, National Association of REALTOR statistics show only 8% of completed home sales through November 2015 were completed by owner and of those, 38% knew the buyer. This is important because time is money, meaning the homes that did not sell often end up being listed with a REALTOR anyway after much time on the market.
Given the title of this article, you might be wondering why there is so much about selling implications. To state the obvious, every buy-side has a sell-side of the transaction, to which there are many legal implications which many FSBO sites and service providers will not guide you on since they may not be a licensed broker. Ignorance is no excuse, and overlooking even the slightest detail or disclosure can cause significant hassle or financial loss to the unsuspecting seller.
In a landmark case, Conway-Bogue Realty Investment Co. v. Denver Bar Ass’n, 135 Colo. 398, 312 P.2d 998 (1957), the Supreme Court ruled that real estate licensees are allowed the practice of law insofar as helping their clients interpret and complete the extensive documents, forms and processes involved in a legal real estate transaction. This is important because misinterpreting or completing these forms can cost a lot money and the cost of hiring an attorney to help with the process can really add up. Not to mention, the average person rarely completes more than one or two of them in a lifetime as opposed to the licensee who will complete many times that in the normal course of their career. All in all, the commission earned on the contingency of a sale is money well spent.