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To: southernindymom

If you understand contract law, agency law, and can navigate through the state, federal, and local legal disclosures that, if not done properly can get you sued, yes, you are capable of doing it yourself. If there is an owner carryback involved, what is the usury law in your state? If a seller violates that law in your state, you could be forced to return ALL interest paid on the note. Possibly provide a title policy? Who would ever buy any property without one? What do you tell the buyer about the condition of title if a reconveyance of an old loan was not recorded or you were unaware of an easement that shows up on title?

If you fail to disclose something about the property, in most states the statute of limitations is three or four years from the time of discovery of the problem.

I am not a realtor but I am a real estate broker who has specialized in exchanges, acquisitions, problem solving and consulting since 1977, mostly in commercial property. And I taught RE law and econ in college for ten years. Even I would at least pay a realtor a consulting fee to handle the legally required documents. They have error and omission insurance if something goes terribly wrong. In most states, the statute of limitations is typically three or four years from the time of discovery.

All that having been said, they are many in the real estate industry who are totally incompetent. And I will say whatever the hell I want on my Twitter because I will never be part of the NAR.


41 posted on 11/30/2020 8:47:20 AM PST by doug from upland (Why the hell isn't Hillary Rodham Clinton in prison yet?)
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To: doug from upland

Depending on where the buying persons get their loan and if the title company is known, the title policy is usually very easy to get. Usually there is a mortgage and the sellers lending institution will have a copy of the title policy on file that they will provide to the new lending institution to update. Again the lending institution and title company does all of the leg and paper work. Let’s put it this way, in Indiana and Kentucky it is that way. We sold our first home by ourselves. My son just sold his house mentioning on FB that he was going to sell. Mentioned on Wednesday evening and had three people message him. The first ones bought it the next night after they looked at it.


60 posted on 11/30/2020 12:47:58 PM PST by southernindymom ( )
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To: doug from upland

So then you would have to be saying that when you purchased the property, the title company messed up for old easements or loan not recorded when you purchase the property. If the title company is any good, all of that should have been found and dealt with. It will still fall to the lending institution for all of the disclosures. Yes you need to disclose everything about the property, you have to do that regardless of using a realtor or not. Commercial property is different than personal property. Personal property is pretty cut and dry.


61 posted on 11/30/2020 12:54:11 PM PST by southernindymom ( )
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