Knowledge Builders

what are the legal steps to selling a house

by Dr. Dahlia Renner Jr. Published 3 years ago Updated 2 years ago
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How to Sell Your House: The Key Steps

  • Hiring a Real Estate Agent. ...
  • Setting a Price and Listing Your House. ...
  • Making Disclosures About Your House. ...
  • Receiving and Accepting Offers From Buyers. ...
  • Allowing a Home Inspection. ...
  • Following Through on Seller’s Obligations During Escrow Period. ...
  • Move Out of the House. ...
  • Attending the Closing. ...
  • Contacting a Lawyer. ...

How to Sell Your House: The Key Steps
  1. Hiring a Real Estate Agent. ...
  2. Setting a Price and Listing Your House. ...
  3. Making Disclosures About Your House. ...
  4. Receiving and Accepting Offers From Buyers. ...
  5. Allowing a Home Inspection. ...
  6. Following Through on Seller's Obligations During Escrow Period. ...
  7. Move Out of the House. ...
  8. Attending the Closing.
Nov 19, 2021

Full Answer

How to sell your home fast in 12 Easy Steps?

  • Send potential buyers to your buyers’ website (via the url in your ad)
  • Let technology (like iFlip) send the PDF to the buyer with all the details automatically
  • Program/setup your autoresponder to automatically build rapport, sift & sort, and warm up buyers for future deals

More items...

What to do before selling your house?

How to get your house ready to sell: 6 months before

  • Pick an ideal listing date. Sales data from 2019 showed that the best time of year to list your home to maximize profit and minimize time on market is the ...
  • Research the market. ...
  • Assess property condition. ...
  • Consider working with an agent. ...
  • Ask for feedback. ...

How to sell your own home without an agent?

You should also consider advertising your home using some or all of these strategies:

  • Create physical flyers or brochures that includes all of the basic information about your home.
  • Tell friends, neighbors, and coworkers that your selling your home.
  • Create a YouTube channel and post a professional-grade video tour of your home.

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What are the steps in first time home buying?

The Buying Process

  • Find a home. Make sure to take advantage of all the available options for finding homes on the market, including using your real estate agent, searching for listings online , ...
  • Consider your financing options, then secure financing. ...
  • Make an offer. ...
  • Have the home inspected. ...
  • Close—or move on. ...

What are the requirements to sell a house?

What is the first step in the selling process?

How to get out of foreclosure?

What are the things you need to inform potential buyers about your home?

What is FSBO in real estate?

What is short sale?

Why do people work with real estate agents?

See 2 more

About this website

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What are the steps in selling my house?

Here are 12 steps to take to sell your home in 2022:Hire an agent who knows the market.Set a timeline for selling your home.Get a pre-sale home inspection.Don't waste money on needless upgrades.Get professional photos.Put your house on the market.Set a realistic price.Review and negotiate offers.More items...•

What should you do to your house before you sell it?

21 Things to Do Before Selling Your HomeDeclutter! Decluttering is always going to go on top of my list. ... Banish the dust bunnies! ... Make your home smell good! ... Clean glass windows and doors. ... Open your blinds. ... Paint trim and door frames. ... Wash down light switches and door handles. ... Straighten the pantry.More items...•

What should you not do before selling your house?

8 top home selling mistakes you should avoidUnderestimating the costs of selling. ... Setting an unrealistic price. ... Only considering the highest offer. ... Ignoring major repairs and making costly renovations. ... Not preparing your home for sale. ... Choosing the wrong agent or the wrong way to sell. ... Limiting showings.More items...•

How do I sell my house without a realtor in Oregon?

Oregon flat fee MLS companies Unfortunately, the only way to get your home on the MLS without a realtor is by purchasing a flat fee MLS package. In Oregon, this will cost you about $100 to $1,000.

Should I empty my house before selling?

The short answer is yes, empty houses usually do take longer to sell than homes that are occupied or staged, and research has shown that empty houses also sell for 6 percent less, on average. There are a number of factors that contribute to this: Price becomes your primary marketing strategy when the home is empty.

What should I clean before listing my house?

Indoor cleaning checklistClean baseboards around the edges of all rooms.Vacuum and wipe down the window seals in each room.Clean the inside and outside of all windows.Wipe down the front of any cabinets and clean all cabinet handles and doorknobs as well.Steam clean carpets in all rooms.More items...

What should you not say when selling a house?

Say the wrong in your real estate listing and potential buyers won't even bother checking out your house.Use Your Words Wisely. ... Your Asking Price Is Firm. ... Overestimating Living Space. ... Counting Basement Bedrooms. ... You Won't Accept Contingent Offers. ... You Won't Sell Unless You Find a New Home.More items...

When you sell a house do you get all the money at once?

When you sell a home, you'll get paid after you complete the closing process. How quickly you actually get money in your bank account depends on your property's location and other factors. In many states, you can get paid on your closing date. Some sellers may receive their money in less than 24 hours.

Is it a good time to sell a house 2022?

House price growth has been ongoing during the pandemic, and it shows no signs of slowing anytime soon. For this reason, 2022 could be a great time to sell your home. In fact, it may be wise to sell before house prices inevitably drop, interest rates rise or buyer demand wanes.

Do you have to pay taxes when you sell your house in Oregon?

Real estate tax payments at a glance Those who sell Oregon real property are subject to Oregon tax on the gain from the sale.

Who chooses the title company buyer or seller in Oregon?

Should the Seller Select the Title Agency? The seller should select the title company unless they work with a buyer who has already selected one. Sellers have control over what is done in the sale and should diligently protect their interests.

What must be disclosed when selling a house in Oregon?

Oregon Property Disclosure Statement: What You Must Disclose title to the property and existing encumbrances, such as easements and liens. domestic water sources and irrigation. sewage disposal. insulation, including whether there is insulation in the ceiling, walls, and floor.

Is it worth replacing flooring before selling a house?

Considering homeowners usually spend about 13 years in their homes, and most carpet is only designed to last between 5-15 years, however, it's common to replace carpet flooring before selling. If your carpet looks worn down, shows signs of damage, or is stained, it's probably best to swap it out to avoid red flags.

Is it worth it to paint your house before selling?

A: Even if your house is relatively new or has been painted in the last 5 years, it can definitely benefit from a fresh coat of paint. Paint trends can change quickly, and if you've got a few bold bedrooms or a funky exterior color, it will be worth updating before you put your home on the market.

How long should you keep a house before selling?

As a REALTOR® might tell you, in order to make up for closing costs, real estate agent fees, and mortgage interest, you should plan to stay in a property for at least 5 years before you sell your home.

What month is the best to sell a house?

Nationally, the best time to sell a house is March if you're trying to sell quickly, while the best time to maximize profit is July. Zillow recommends listing your home for sale in March, but no later than Labor Day, based on historical market trends.

What are the steps for selling a house?

First, you want to lock down where you’re going next, as well as when. If you can take advantage of the off-peak moving season you can save as much...

What to expect at closing when selling a house?

This is the very last step of the home sale process. Be prepared to review and sign all paperwork. Give your buyers everything they need to move in...

What paperwork do I need to sell my house by owner?

If you’re wondering, when do I need a lawyer to sell my house?—this is it. One of the requirements for selling a house is your John Hancock on a to...

How long does it take to sell a house?

Be prepared to move quickly: The average time it takes to sell a house in 2018 is between 65 and 93 days, from list to close, so you’ll need to be prepared to move out in a short period of time. It’s a must that you be out of the home by the closing date.

What is the last step to take when closing a house?

Sign documents: One of the very last steps is showing up for your closing appointment, where you’ll sign all the legal documents related to the sale of your property. Depending on the state you live in, you may sign during the same appointment as your buyer, or you may do it separately.

How to sell a FSBO?

If you plan to sell FSBO: 1 Allocate enough time to prepare your home for listing and market it across multiple channels — this is why real estate agents work full time. 2 Research recent comparable sales in your area. 3 Keep flexible hours for showings or use a lock box. 4 Listen to feedback from agents and buyers without taking it personally.

What is FSBO in real estate?

One of the first things you’ll need to decide is if you’re going to sell your house on your own (which is called “for sale by owner” or “FSBO”) or if you’re going to use a real estate agent. In 2018, just 10 percent of sellers who reported selling in the past year completed the sale of their home without ever engaging an agent. Another 10 percent tried to sell on their own but eventually turned to an agent or broker for help.

How long does a seller live in their home?

The typical seller lives in their home for 13 years before putting it up for sale, and they spend an average of seven months thinking about listing their home before taking action, according to the Zillow Group Consumer Housing Trends Report 2018.

Why is it important to be prepared for the sale of a home?

It can be both emotional and stressful, especially for first-time home sellers, since you probably have an emotional connection to your home — and because it’s likely your biggest investment .

How much does it cost to get an appraisal done on a house?

Hire an appraiser: Having a professional appraisal done on your home can cost between $300 and $700, but it can be a small price to pay if it helps you sell your home quickly and for an appropriate price.

Take Care of Financial Issues

If your property has a lien on it or any other debt, you’ll want to take care of that before you sell. If there’s a lien or other obligation on the property, it will need to be satisfied before you receive any money from the sale. These issues complicate the transaction and can scare away buyers.

Get Documents Together

Make sure you know where your deed is and any surveys and appraisals you’ve had done. You should also be prepared to show documentation of any improvements or repairs that you’ve had done. If you’re selling a rental property, you need the lease agreement with the tenants.

Make Sure Deed is Correct

You’ll want to look at the deed before you sell your home. You want to make sure the name on the deed is accurate. If another person is listed jointly with you on the deed, they will have to give consent to sell. Sometimes sellers are taken by surprise when they find out that the deed isn’t correct.

Create a Home Sale Agreement

If you live with a partner but aren’t married, you may need an agreement to show that you are part owner. Otherwise, the court will have to side with the party named on the deed. This is also important if you are a co-owner of a rental property and not listed on the deed.

Get Approval of All Joint Tenants

If you have been tasked with selling an inherited property that is owned jointly by you and your siblings, you’ll need to get their agreement to sell in writing. This is also required if you get a divorce and both parties decide to sell.

How to sell a house with an agent?

The process when selling with an agent: When you’re working with an agent, you can rely on their expertise to guide you to an accurate list price. They’ll start by providing you a comparative market analysis(CMA, commonly known as comps). Since they’re not emotionally connected to your home, they’ll be able to really hone in on the fair market value.

How to avoid selling your home?

Avoid common mistakes of selling your home 1 Overpricing 2 Getting too emotional 3 Not doing enough prep work 4 Not hiring a photographer 5 Not accounting for all closing costs

How long before moving to sell your house?

If you’re thinking of selling your home and your moving timeline allows for it, allow at least two monthsbefore listing to complete all your preparations.

How long does it take to get a home on the market in 2020?

home was on the market for 55-70 days in 2020, measured from the day a home is listed to the day the sale is finalized. On average, homes in 2020 went under contract just 25 days after listing, down from 30 days in 2019.

How to market a FSBO?

Once the requests for showings start rolling in, try to keep an open schedule (and a clean home) to accommodate as many potential buyers as possible.

What is traditional selling?

Traditional selling includes hiring a real estate agent to list your home for sale. Your agent will generally handle the last few stages of the home selling process, helping to advise on the most important home improvements, landing on a competitive list price and advertising appropriately for the market.

How to stage a home?

First, you can simply declutter, remove personal effects like family photos, and arrange furniture in a way that highlights your home’s best attributes. Or, you can hire a professional stager.

What is a written sale contract?

In most states, this takes the form of a written sale contract, covering everything from price to closing date to contingencies, such as a condition that the buyer must successfully obtain a mortgage and be satisfied with the results of a home inspection in order to close.

What are disclosures in a house?

In most states, the law requires certain written disclosures to be made when you sell your house. These disclosures include any physical, environmental, legal, or other defects in the house or property, including things like whether lead-based paint or asbestos are present in the house, ...

What is a prospective buyer's offer?

In most states, this takes the form of a written sale contract, covering everything from price to closing date to contingencies, such as a condition that the buyer must successfully obtain a mortgage and be satisfied with the results of a home inspection in order to close. You could sign onto this sort of offer immediately, making it legally binding.

What is escrow period?

Following Through on Seller’s Obligations During Escrow Period. Once an offer is accepted and the purchase agreement is signed, the seller and buyer enter a period commonly known as escrow. You and the buyer will choose an escrow or title agency to handle closing the sale of the house, to occur on a date set forth in your contract. ...

What does a real estate agent do?

Your real estate agent represents you and must act in your best interests (while following the laws of the state), such as by telling you about all offers made on your house, including cash offers. The National Association of Realtors offers more information on the benefits of working with a real estate agent.

Can a buyer back out of a sale?

A buyer who is alarmed at the scale of issues can, without violating the contract, back out of the sale at this point. Or the buyer might negotiate to have you either make the necessary repairs to your house, put aside money in escrow for repairs, or lower the home's final price to cover the costs.

Do you pay commission on a house when you hire a realtor?

When hiring a real estate agent, you ordinarily (under the standard arrangement) agree to pay that agent a commission fee for selling your house, regardless of who brings in the buyer. This means that even if you happen to find someone who wants to buy your house, you will still owe your agent a commission fee.

How to sell a house?

In a perfect world, selling your home would be as easy as a smile and a handshake. But until then, it takes careful planning, an understanding of the process and a lot of patience with paperwork. Here are six fundamental steps involved to help your home selling process go a little more smoothly. 1. Know your responsibilities and costs.

What to do when you decide to sell your house?

As you get ready to sell, one of the first decisions you’ll want to make is whether you want to hire a real estate agen t to help you sell, or if you want to go the sell by owner route. Keep in mind that if you decide to sell your house yourself, you’ll be responsible for showings, dealing directly with potential buyers, completing all the needed paperwork and more.

What is closing in real estate?

Closing is the final step in the process. During the closing, the deed is delivered to the buyer, the title is transferred, financing documents and title insurance policies are exchanged, and the agreed-on costs are paid.

What to do when closing a house?

He or she will: Attend the closing and review all the papers you will be required to sign.

How to protect your home from potential buyers?

Chances are you’ll have several potential buyers parading through your home. Lock away valuable items and keep personal information (like mail or private documents or photos) out of sight.

What are the costs associated with selling a home?

The costs generally associated with the sale of the home include: Listing the property for sale (usually on the Multiple Listing Services, or MLS, for maximum exposure in your market). Hiring a real estate agent and paying commission. Paying any agreed-upon closing costs.

What is the process of a title search?

A title search to verify you really own the property and there are no other claims to the property.

How long does it take to sell a house in San Francisco?

The current average age of properties on the market is 65 days. That said, this varies greatly by location and time of year, so there’s no one right answer to how long you’ll wait for that blessed first offer. Is your market hot or chilly? San Francisco residents might sell their house in a hot second, but if your place is rural, expensive, or unique, you’ll probably wait longer.

How long does it take to list a home?

It will take your listing agent a few days or a bit longer to gather all the necessary info on your home (e.g., square footage, special features, and photos). But once your agent has it all, things generally happen fast. Your agent will then upload these details onto the multiple listing service, which will make the listing viewable to agents. A shorter, consumer-friendly version of the MLS listing will also appear on sites like realtor.com® —and since this site refreshes its data at least every 15 minutes, your home will be in front of plenty of eyeballs in no time at all.

How long does it take to close on a home after you receive an offer?

How long does it take to close after we receive an offer? Answer: 50 days. Currently, there’s an average of 50 days between when buyers apply for financing and when they get approved and can close on a home. Yes, that’s a long time, especially if you’re selling and eager to get on with it.

When do you move out of a house when you close?

Typically, sellers are expected to move out by the day they close on the home so the new buyers can move in as soon as they’ve signed on the dotted line. Most people move out in advance of the close, but if you need more time, you can negotiate a rent-back agreement, which allows the new buyers to essentially become your landlords for a few months while you find a new place to live. But considering how long the home-selling process takes, odds are you’ll be chomping at the bit to get out!

When is cash available for a real estate transaction?

Here’s good news: Your money should be available immediately after you sign on the dotted line. Cash is typically disbursed by the title or escrow company, which will wire the money to your bank account or cut a check on closing day with little to no lag time. Make sure to check with your attorney or real estate agent, though—they’ll be able to provide specific details on the process for your sale.

Is selling a house overnight?

Even in the hottest markets, selling a house is by no means a transaction that happens overnight. Every step—from listing your house to getting an offer to closing—takes time. But how much time?

What happens when you sell your home to a direct buyer?

Here’s what you should know: When you sell your home to a direct real estate buyer, it’s a no-fuss, simple transaction. You skip the home prep, repairs, staging, and showings and trade your house (often “as-is”) for an all-cash offer — typically in exchange for less of payout or higher service fees.

How many sellers are satisfied with the selling process?

The National Association of Realtors (NAR) reported that in 2019, only 66% of sellers were satisfied with the selling process. Given that you’ve got so much money on the line, you deserve satisfaction. This one-stop shop for first-time home sellers is designed to help you get it.

How much does a pre-listing inspection cost?

An inspection will cost about $330, but it will provide the information you need to either make repairs ahead of time or price down while conveying to buyers that the cost of repairs is already reflected in the asking price.

How to declutter your home?

To declutter your home, get several rolls of large heavy-duty garbage bags and start sorting into a few main categories: “store,” “sell,” “donate” and “toss/recycle.” You can sort further into subcategories like electronics recycling, curbside pickup, and hazardous waste. Get your personal items out of sight and toss them into the bags, donate them to your local Salvation Army or Goodwill, or put them in a storage unit until you can move them to your next residence.

What to do before going into total demolition mode?

Before you go into total demolition mode, consult with your real estate agent so you don’t waste time and money on needless projects.

How many homes were sold in 2019?

While selling a home is a common life event (NAR reports that 5.34 million homes sold in 2019 alone) the decision to take the plunge and sell might not come so easily. Are you sure you’re ready to sell?

When is the best time to sell a house?

Most real estate agents will tell you that spring is the best time to list your home but that’s not necessarily true for every real estate market. A more precise analysis of the home sales data shows that the best time to sell depends on where you live.

How long does it take to close a home?

There can be a lot of steps to the closing process, which may take an average of 50 days. Selling to Opendoor gives you control over the timeline.

What is closing of a house?

Closing is the phase in the home selling process when money and documents are transferred in order to transfer ownership of the property to the buyer.

What should you bring on the closing date?

You don’t need to bring much to the closing: usually just a government-issued photo ID, the keys to the property, and any outstanding documents and paperwork your attorney or escrow agent instructs you to bring. These may include documents showing you’ve completed all repairs requested by the buyer.

How long does the closing process take?

The full closing process, from the initial offer acceptance to the closing date, takes an average of 50 days, according to Realtor.com. If you sell to Opendoor, you can close on your timeline, whether it’s 14 days or 60 days.

How much are closing costs – and who pays them?

Closing costs range between 1 percent to 7 percent of the sale price of the home, split between both parties. Home sellers usually pay between 1 percent to 3 percent of the final sale price, according to Realtor.com.

What happens if a buyer borrows money for a house?

If the buyer is borrowing money for the purchase, the mortgage lender will arrange for a professional appraisal. This is done so the lender can be confident that the amount of money it’s lending to the buyer is in line with the market value of the home in case the lender needs to repossess the house.

When does a home inspection take place?

The inspection will take place shortly after you accept the buyer’s offer. If your home is in need of any repairs, let your agent know if you haven’t already done so. They may recommend that you make these repairs before the home inspection to avoid any potential issues.

What are the requirements to sell a house?

However you’re going about selling your home, you’re obligated to notify potential buyers of certain facts about the home itself. Disclosure laws vary from state to state, but broadly, you’re required to inform buyers about: 1 Water damage 2 Mold 3 Termite damage 4 Possible natural disasters 5 Lead paint

What is the first step in the selling process?

As with buying a home, the first step in the selling process is to prepare before you actually get started. If you’ve lived in your current place for some time, it’s going to have seen some wear and tear; deep cleaning and repairs will get it ready for potential buyers to give a better first impression of the property.

How to get out of foreclosure?

You can also try to get the property out of foreclosure by selling your home and paying back the lender the amount owed on the mortgage during the period known as “pre-foreclosure” before the lender has taken the property back or put it up for auction. If the lender has started foreclosure proceedings, you can negotiate with them for time to sell the home and pay back the loan, or propose a short sale. Given that most lenders would prefer to avoid the hassle of a foreclosure, they may give you the opportunity to sell the home and recoup the money owed, or might even offer forbearance on the loan if you reach out before things reach the point of foreclosure.

What are the things you need to inform potential buyers about your home?

Disclosure laws vary from state to state, but broadly, you’re required to inform buyers about: Water damage. Mold. Termite damage.

What is FSBO in real estate?

The obvious appeal of ‘for sale by owner’ (FSBO) is the control offered: you can set the price; organize any showings or open houses; decide whether to list on an online platform; and manage every aspect of the process to your comfort and preference. You’ll also save the commission by not having to pay an agent, and have more latitude to sell for the best price. The drawback, of course, is that you don’t have the expertise or experience that a real estate agent can bring to the sometimes complicated sale process.

What is short sale?

With a short sale, you’re offering your home for sale for less than what you owe on your mortgage. To proceed, you’ll have to display to your lender that you are in fact in financial hardship, and that the sale is necessary to alleviate the issue. If the lender approves, you’ll have to go through the regular selling process to find a buyer for ...

Why do people work with real estate agents?

That expertise and local market knowledge is the central draw of real estate agents, and why a vast majority of homeowners choose to work with one when selling. Real estate agents know the selling process and neighborhood, including tips to make your home appeal to buyers, and can walk you through every step and offer needed advice along that way. Their access to research, marketing, and their professional know-how is why so many decide that the commission they’re paying to their agent is well worth the cost.

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1.10 Legal Steps in the Home Selling Process - LegalShield

Url:https://www.legalshield.com/blog/home-selling/how-start-home-selling-process/

10 hours ago  · How to start the legal process of selling your home 1. Getting a real estate agent vs. DIY. Once you’ve opted to sell your home, the next big decision is: do you want to... 2. …

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Url:https://hometowndev.com/blog/5-legal-steps-to-selling-a-house/

4 hours ago  · Create a Home Sale Agreement. If you live with a partner but aren’t married, you may need an agreement to show that you are part owner. Otherwise, the court will have to side …

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Url:https://www.zillow.com/sellers-guide/how-do-i-sell-my-house/

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