For Sale By Owner Tips出售老板小费
Sell Your House Without a Real Estate Agent你的房子卖无房地产经纪人

Legal Issues With Selling a House卖了房子的法律问题

Selling and buying homes requires legal paperwork.  Writing contracts to sell your home is tricky business and you do need a lawyer to help you.  Find one by asking for recommendations from family or friends or by looking for one in the phone book.  Ask for a consultation before deciding.购销家园需要法律文书.你家卖写作合同刁钻业务需要和你律师帮你.要求查找自己的家人或朋友的建议或寻找一在电话本.要求协商才决定.

What to Know About Your Lawyer你怎么知道律师

Ask questions.  Often you can have a free consultation before deciding on a lawyer.  Be sure that they can accept evening and weekend calls.提问.你可以常常有免费协商,才决定了律师.可以肯定的说,他们可以接受夜间及周末来电. Find out the costs.  Ask if you’ll be charged hourly or a flat fee, if you must pay for phone calls, have a limit of visits and if you will be charged if the deal does not go through.  Although using a lawyer costs some money, it is well worth the peace of mind.找出成本.请问您每小时或单位收取费用,如果你要付电话,有一个限度,如果你将访问和控告,如果不经过处理.虽然使用律师费些钱,实在值得我们安心.

You would be well advised to use a real estate specialist rather than a general lawyer.  Not only are they more familiar with current real estate law, but they are accustomed to the demands of closing deals.  They will understand the that real estate contracts need to be handled quickly – often within 24 hours, and will be more likely to accept weekend or evening calls.  This is important as you don’t know when an offer will be made.你应该尽量利用房地产专业律师,而非一般.他们不仅目前较为熟悉房地产法但他们习惯于要求关闭交易.他们认识到,要房地产合同办理快往往在24小时将更有可能接受周末或傍晚来电.这是重要的,因为你不知道什么时候了会提供.

How Your Lawyer Can Help律师可以帮助你如何

Your lawyer can also help you fill out the contracts and understand the language used.  Having certain areas pre-filled means you won’t make mistakes in the anxious moments that a prospect is willing to make their offer.  It will also prevent you from creating loopholes for the prospect if they get buyers remorse (unfortunately, not all that uncommon).你也可以帮助你律师填写合同和理解的语言.有一些地方预填手段你不会犯错误的时候,一个焦急前景愿尽自己投标.它还将防止你的前景造成漏洞如果拿到买家悔意(可惜没有那么少见).

Proper names and addresses are crucial.  If these are filled out beforehand you won’t have to deal with complications because you misspelled something or put down incorrect information.正确姓名和地址都是至关重要的.如果这些都是事先填写你不会因为要处理并发症你还是放下一些拼写错误信息.

Your lawyer will require you to make four copies of each document, one for you, one for them, one for the buyer and one for their lawyer.你把你的律师将要求每四份文件,一为你,一为少年儿童一、对买方的律师之一. Counter-offers and addendums will also need to be dated, signed and copies made for each party.反建议,也须增编月,每一方签署、复印.

Your lawyer can advise you of other paperwork – surveys, insurance papers, etc. – that need to be included.律师可以告诉你,你别用纸-调查、保险论文等等-须列入.

Lawyers can also provide escrow accounts.  This means that the buyer will not be handing their $3000 deposit check to you, they will be placing it in trust of your lawyer.  Their money will be returned if the offer doesn’t work out, or else applied to the purchase of the home.律师也可以提供代管帐户.这意味着买方不会把自己的存款进行查核,以3000元你他们将它放置在你的律师信.如果将他们的钱退还提供行不通出,否则申请购买的家园.

Your lawyer will also work with the buyer’s lawyer in exchanging the relevant documents.  The title transfers and new mortgages will be handled by the lawyers.  They will check with the Land Titles Office to make sure everything is correct.  A new title will be drawn up and the mortgage information changed.贵律师还将与买方的律师交换有关文件.抵押权转让、新交由律师.他们将检查土地所有权与办公室做到事事正确.新制定的名称将改为抵押资料.

The lawyers will collect the money from the buyers and pass them the keys on possession day.律师会收钱,并通过他们向买主钥匙就藏一天.

A note of caution: if the buyers do not have their own lawyer, do not recommend yours.  It is in everyone’s best interest to retain their own legal counsel小心注意:如果没有自己买主律师不推荐给你.这是每个人的最大利益为自己保留法律顾问

Having a lawyer to discuss the details of selling and the legal requirements will help ensure the least hassle when selling your own home.  This is an area where an ounce of prevention is certainly better than a pound of cure.有一位律师商讨具体的法律规定,出售、最麻烦当可确保出售自己的家.这个领域未雨绸缪总比一斤治愈.

About the Contract关于合同

One of the first things you must do before signing an offer is add the following:最早签约前必须做的事情,你要约是加上:

“This offer is accepted subject to lawyer’s approval as to form and content by (state date and time).”"这个提议被采纳受律师的形式和内容的批准为(国日期和时间)."

Usually give no more than 24 hours unless it’s a weekend and you anticipate a delay.  If you don’t put this in the offer you could be in for a messy situation.通常不超过24小时,除非它的一个周末,你预期延迟.如果你不把你可以在此开办了在残局.

Subjects科目

Here’s where you need to pay attention.今天的你要注意.

Often times a buyer will want to add a subject to the offer.  Assuming that you’ve already remembered to add the subject about having the offer approved by your lawyer (and they can state the same) here are some other types of subjects you may be requested to add.很多时候,买方会希望加入受要约.假设你已经记住加上谈经批准开办的贵律师(和他们国家一样)以下是一些其它各类学科你可能会被要求补充.

‘Subject to Financing’'受融资'

Clearly, if the owner isn’t coming with cash, they will need to have their financing approved.  This is for everyone’s benefit.  You do not want to have signed a deal to sell your home to someone with no money, and they should not be legally responsible for buying a home with no financing.显然,如果不是拥有未来现金、他们需要有自己的融资核准.这是对各方都有利.你不想签交易卖你家里有人没有钱,他们不应承担法律责任,没有资金买回家.

You cannot know for certain if the information your buyers have given you is correct.  They may say their credit is good but until a bank agrees, you have no basis.如果你无法肯定你的买家给你的资料是否正确.他们会说自己信用是好的,但直到银行同意,你有没有依据.

‘Subject to Inspector’s Report’'受调查报告>

Your buyers may wish to have a third party investigate the house for structural problems or other unknown flaws.  Some banks will also require a termite inspection before approving a mortgage.你不妨也买第三者观察房子结构问题或其他未知的缺陷.有的银行也需要一个白蚁检查才批准抵押.

‘Subject to Sale of Purchaser’s Home’ and ‘Subject to Parent’s Approval’'受买方出售的家','受父母的同意』

We will discuss the steps you should take to protect yourself from this one, but having these subjects are very risky.我们将讨论你应该采取的步骤,以保护自己从一本、不过这些科目都是风险.

Often (as stated before) parent’s will have a much different viewpoint than their children and you should probably hold off on writing the contract until all decision makers have viewed the property.常常(如前所述)的家长会是非常不同的观点,你应该比孩子可能延迟在书写合同直到所有决策者把财产.

Subject to the sale of the buyer’s home is also a problem since you have no control on how long that will take.受买方出售家也是一个问题,因为你有多久没有控制千秋.

The Escape Clause第逃生

There are plenty of other subjects that could be included, with these ones being the most common.  However, you are not tied to that offer if you remember to add an escape clause.多得是可列入其他科目,这些是最常见的.但是你不是离不开你记得补充提供的第一个逃跑.

The escape clause should go something like this: ‘The vendor holds the right to continue showing the property at (address here).  If another offer is received, the purchaser will be notified and given 24 hours to waive the condition or the original agreement may be considered null and void’.第逃生要这样:'卖主持有的财产权利继续呈现(地址这里).如果另提供收到买方将在24小时通知并给予免收或原始状态的协议可视为无效的.

This is a very important detail.  You are now free to continue showing your home to prospects and accept new offers.  If an offer is made that does not have other subjects attached to it, you may accept the offer with your own ‘subject to original purchasers canceling contract’.  You can then notify the first buyers and give them the required 24 hours to remove or satisfy their subjects before canceling the original contract and issuing the refund of the deposit.这是一个很重要的细节.你现在可以自由地继续呈现你的家,接受新前景聘任.如果是要约,不隶属其他科目,你可以接受与自己提供的除原有的买家取消合同.你可以再一次通知买方需24小时,并给予适当的满足,以消除或取消原合约,并在学科发行退还.

How Long Should the Subjects Stand?应站在学科多久?

Your original subject should state the minimum 24 or 48 hours for both lawyers to be contacted and approve the contract.  However, if you are subjecting the sale to financing, or an anticipated promotion, or another temporary setback, make sure to give as little time as necessary.  Seven to ten days would be acceptable in most cases if the bank needs to make a property appraisal, only two or three if the subject is an inspection report.你原本应受国家最低为24或48小时联络律师和批准合同.但是,如果你是遭受到售融资,或预期推广,或另一个暂时受挫,切记要给予少许时间.七至十天,如果在大多数情况下都可以接受银行要作财产评估,如果只有两三个题目是一个检查报告.

If you give too much time there is the chance that the buyers will find another home or give in to buyer’s remorse and not complete the deal.  Not only will this have wasted your time but is sure to break your spirit in your next attempt to sell.  Keep things moving as quickly as possible.如果你太多的时间,有机会找到另一家买主将决不让步以买方的反省和不完整的交易.这不但浪费时间,而且你肯定在您下次打开你的精神,企图出售.尽快把事情感人.

Obviously other subjects (such as the sale of the buyer’s home) will not have a time frame, but you’ve protected yourself with the escape clause so you will not have to pass on a better offer if it comes through the door.显然其他科目(如出售买方回家)不会有时限,可是你自己的免责条款,以保护你不会有更好的传承,提供如谈到通过大门.

If you are waiting on a sale with subjects, do not take on new offers that have extensive subjects themselves.  Perhaps it would be better to take the name and number of the prospects and tell them that you will alert them to any developments.如果你是在等待与销售科目不采取新提供具有广泛的科目.倒不如把姓名而一些前景,并告诉他们,你会提醒他们任何进展.

Finishing up整理起来

So, you’ve found a buyer, you’ve got your deposit – here’s a few thoughts to keep in mind:所以,你找到了买主,你还得存款这里的一些想法牢记:

If the possession date is close to the end of your mortgage term, try to coincide it to avoid paying penalties on an early payout.如果藏日期接近年底你们按揭任期它试图逃避惩罚吻合早日支出.

Make certain that the buyer is clear on what stays with the house and what goes with you.  Anything fixed (including light fixtures, drapery rods and doorknobs) is part of the home.  If you don’t want to sell them then you should consider changing the fixtures BEFORE showing your home.  Otherwise you will have legal problems in making the switch.买方做出肯定的是明确什么房子住什么东西你.什么定额(包括固定装置轻、帘杆doorknobs)住所的一部分.如果你不想那么你应该考虑出售改变固定放映之前你回家.否则你将遇到法律问题作出开关.

If you are including blinds, appliances or other unfixed items, list them individually on the contract.  These are called chattels.  Put everything in writing.如果你是包括失明、用具或其他物品固定、对个别合同名单.这些被称为动产.把一切书写.

Be aware that there are some laws about writing contracts that you may inadvertently break.  Some places don’t allow contracts to be signed on Sundays.  You should also avoid celebrating with any alcohol before the papers are signed.知道有规律的,你可以书面合同无意中打破.一些地方不允许合同周日就要签署.您也应避免喝酒庆祝任何文件之前签署.

Minor as these may seem, making these mistakes can provide a loophole for your buyers.  If they suddenly get cold feet they may use this as a way out.  The law will not support contracts signed because of undue pressure or while intoxicated.  Find out from your lawyer if there is anything else you should be aware of.这些看似次要、这些错误可以使您的买家提供一个漏洞.如果他们突然脚可借此获得冷作为一个出路.法律不会支持签约或因过度压力而沉醉.找出从贵律师是否还有什么东西你应该知道.

 

 

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