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ABA Family Legal Guide

Buying and Selling a Home

Meeting the Players

Buying and Selling Without an Agent

Are there disadvantages to selling my home without an agent?

There are at least three distinct disadvantages.

First, you will lack the many resources that real estate agents have to attract buyers. For example, your home will not be listed in your local MLS, unless you use an Internet service to list it. If you do not list your home, many buyers will not know that the home is for sale. You will need to arrange and pay for all advertising.

Second, you will have to find time to show your home and talk to potential buyers. This could raise some security issues.

Third, you will be directly involved in negotiating the sales price and other contract provisions. You will also have to make all legally required disclosures. Your lawyer can prepare you for what to do with an offer.

At first glance, selling without a broker may seem easy enough. However, many sales fall through without the mediating influence of a third person who has the experience to bring the buyer and seller together on a variety of issues. A professional real estate agent is on the alert for deal breakers, the kind of petty disagreements over small items that can break up negotiations, and will also be able to help you find solutions for larger disagreements.

If you have decided to sell on your own and do not hire a lawyer to negotiate for you, remember that settling on the terms and conditions of sale, including the price, is a give-and-take process. The fact that you love your renovated kitchen will not influence a potential buyer who intends to remodel anyway. If, after some reflection, you conclude that you lack the necessary experience, it may be wise to turn to a real estate agent or your lawyer.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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