how to sell a house to family member wihtout a realtor or attorney

by Prof. Estrella Klein 9 min read

  • Determine How Much Your Home Is Worth. Setting the right price for your home is one of the most important steps in the entire sale process.
  • Prepare Your Home for Sale. Next you’ll want to get your home ready for public viewing. ...
  • Market the Home. An agent lists your home on the local MLS and uses their professional network to spread the word about your property – this attracts a lot of ...
  • Negotiate Offers. Once you have a few offers come in, you’ll have to go to the negotiating table. ...
  • Gather Closing Paperwork and Finalize the Deal. There’s a lot of paperwork required to close a real estate transaction. ...

Full Answer

Is it illegal to sell a house to a family member?

Jan 25, 2022 · Your three main options to sell a house without a Realtor® include: Sell to a cash buyer; Hire a real estate attorney to facilitate a sale to a known buyer; Handle the sale yourself via For Sale By Owner (FSBO) We’re going to identify the pros and cons of each option, and give you some basic steps to follow if you decide to sell your house without a Realtor®.

Do you need an attorney to sell real estate to family?

Mar 18, 2021 · 5 Steps for Selling Your House to a Family Member. 1. Agree on the Process. Before you decide on a price for the home, you need to agree on the process. This can reduce confusion and conflict down ...

What to do if you want to sell your house to relatives?

Aug 23, 2019 · How to Sell Your House Without a Realtor. Selling real estate without a realtor is possible, but you need to know what you are doing. Here’s a closer look at what it will entail. The Prep Work. First, you need to price the home. Selling a home without a realtor allows you to keep more of your proceeds, but you need to price it fairly to get interested buyers.

How to sell your house by owner without a realtor?

Feb 24, 2020 · When you take a look at the elements of selling your home, there’s nothing that you can’t do yourself in this process. Here’s a step-by-step method you can use to sell your home and avoid paying the real estate agent 7-percent. 1. Make Your Home Attractive to Buyers.

How do you sell a house to a family member privately?

How To Sell Your House To A Family MemberEstablish The Home-Selling Process. Make sure you and your family agree to the logistics of the sale and how you'll execute official decisions. ... Hire Professional Help. ... Determine The Home's Value. ... Set A Price. ... Close On The House.Jun 16, 2021

Can I sell property to family?

A Your mother can sell your brother's house to whomever she likes and for whatever price she chooses – there are no legal reasons to prevent her from selling at a heavily discounted price to a family member.Sep 5, 2012

How do you sell a house to someone you know?

With this in mind, you'll still want to get the best deal — even when selling your home to a friend or family member.Hire the Right Team. ... Get an Appraisal. ... Order an Inspection. ... Disclose Property Defects. ... Explore Financing Options. ... Involve a Title Company.Dec 2, 2021

Can you sell your house to your parents?

It is perfectly legal to sell your house to a family member if you do it the right way. Keep documentation of the property's appraised value and how much you sold it for. Follow the regulations around gifts of equity and be aware of the capital gains tax implications.Dec 7, 2021

Can I sell my house and give the money to my son?

If you sell your home, you could then gift the proceeds from the sale to your son or daughter. However, you still have to survive this gift by seven years before the money falls outside of your estate for IHT purposes.Jun 12, 2015

Can I sell part of my house to my son?

Your main options are to apply for a 'Transfer of Equity', where you are adding your son to the mortgage and deeds, and staying on yourselves. ... The other option would be to "sell" the property to your son, and retain a legal interest in the property.Jan 13, 2018

How do I sell my home without a realtor?

How to Sell Your House Without a Real Estate Agent in 2019Step 1: Prepare Your House to Be Marketed. ... Step 2: Price Your Home Competitively, to Sell. ... Step 3: Get a Flat Fee Listing from the Multiple Listing Service (MLS) ... Step 4: Market Your Property. ... Step 5: Hold an Open House.More items...•Feb 21, 2019

Can I offer on a house before mine is sold?

So, can you put an offer on a house before selling your own? The simple answer is yes, you can offer on a house before selling your own. Estate agents are obliged to pass on all offers to the house sellers they represent. But they may not take your offer seriously if your own house isn't under offer.

Can I sell my house to a friend for a dollar?

The short answer is yes. You can sell property to anyone you like at any price if you own it. But do you really want to? The Internal Revenue Service (IRS) takes the position that you're making a $199,999 gift if you sell for $1 and the home's fair market value is $200,000, even if you sell to your child.

Can a family member take over a mortgage?

You can transfer a mortgage to another person if the terms of your mortgage say that it is “assumable.” If you have an assumable mortgage, the new borrower can pay a flat fee to take over the existing mortgage and become responsible for payment. But they'll still typically need to qualify for the loan with your lender.

Does FHA allow non arm's length transactions?

What is a Non-arm's Length Transaction. A purchase transaction where there is a relationship or business affiliation between the seller and buyer is considered a non-arm's length transaction. FHA and conventional allow these purchase transactions, but there are specific restrictions.

Can I buy a house from my parents for less than market value?

Buying your parents' house for less than market value With a “gift of equity,” your parents can give a portion of their equity earned in the home that you can use toward your down payment. This can help you meet the down payment minimum required by your lender.Feb 18, 2020

What does it mean to sell a house without a realtor?

Selling without a Realtor means you’re eliminating the 3% listing fee you’d pay to a listing agent. However, unless you sold to a buyer without an agent, which is relatively rare, you’ll still be responsible for the 3% buyer’s commission.

What do buyers want from a home?

Buyers will want to get a sense of your home’s maintenance demands and schedule. And they’ll also want assurances that any home improvements or additions you’ve had done were properly permitted and are up to code. If they aren’t, there could be an issue with back taxes or repairs.

Why do you need an appraisal for a home?

The buyer’s lender will order an appraisal to make sure the home is actually worth the amount of money being lent to the buyer. The seller doesn’t automatically receive a copy of the appraisal but can request one from the lender.

What does an agent do?

Agents bring a lot of professional expertise to a transaction, especially when it comes to marketing your home, understanding how it fits into the bigger picture of the market, and conducting negotiations with the buyer, who’ll almost certainly be represented by their own experienced agent.

When was FSBO founded?

Founded in 1999, this site claims to have the most traffic of any FSBO-related platform, so it’s a great choice for sellers who are just trying to reach the largest audience possible. Basic listings here are free, while for $399, sellers can upgrade to a package that includes all legal forms, pricing tools, and more.

What does it mean when a house sells for the list price?

That means that the negotiating table is where the final sale price is actually determined, whether that means going for five (or six) figures above ask, or taking a big hit on the price. It’s also where concessions and contingencies are hammered out, which can have almost as much impact on the deal as the price itself.

Do you have to pay off your mortgage?

You’ll have to pay off your current mortgage with the proceeds from the sale ; your latest mortgage statement will give you a pretty good idea of how much you owe, while a payoff amount form, which your lender is legally required to produce upon request, shows exactly how much you’ll have to pay, including fees, penalties, interest.

What is a trusted real estate agent?

A trusted real estate agent can facilitate the sale while maintaining objectivity, and take the heavy lifting off your family’s plate. That is, if it’s in your budget. At Clever, our free service connects you with a real estate agent who's agreed to a reduced rate, saving you up to 50% on commission fees.

What is a CMA appraisal?

You'll want an agent to perform a home appraisal or comparative market analysis (CMA) to give a ballpark value of what your home is worth. Have this done early in the negotiations with your family member so you can reach a sale price that works for both of you.

Do you have to pay capital gains tax on a child's death?

Since you are allowed an exclusion of $250,000, she would need to pay capital gains tax on $50,000. On the other hand, if you waited until your death for your child to inherit the property, the cost basis would be the “stepped-up basis,” or the value of the property on the date of your death.

Can you sell your house to a relative?

You can absolutely sell a home to a relative. Plus, you can avoid the time- and money-intensive process of finding a buyer. There's a disclaimer here though. If you've ever lent any money to a family member, owned a business with a relative, or even shared an apartment as roommates, you know it's not always easy.

How to sell a house to family?

Another crucial step on how to sell a house to a family member is to sign a purchase and sale agreement. In fact, this is one of the critical steps in selling your home to anyone. Regardless of who is purchasing the house, having an agreement or contract makes the sale formal. Once the offer from an intending buyer has been accepted by a seller, ...

Why is it important to have a real estate agent?

The involvement of a real estate agent will also make it easy for the participating parties to feel that the deal is impartial. They can help eliminate any form of drama that can cause bad blood between you and your family member (s).

What is a purchase agreement?

Like all written contracts, the purchase agreement contains relevant information. The vital information normally includes: 1 Identification of participating parties in the deal (buyer and seller) 2 The legal description of the property 3 Financial details of the transaction, including buyer financing, purchase price, and closing costs (including how they will be shared among the participating parties). 4 Conditions, terms, or specifics of the transaction, including contingencies, as well as additional items included in the sale, like appliances, furniture pieces, fixtures, and more. 5 Timelines, including a contingency time frame, the expiration date of the offer, and the closing date.

Why do you need an appraiser?

It is also necessary if your family member is seeking a mortgage to finance the home purchase.

What is a CMA in real estate?

A CMA will consider every factor that determines the price of a house, including the neighborhood, the market situation, how trendy the kitchen is, and many other points. It is one of the best ways to ensure that you know what the home is worth at the moment.

What is owner financing?

Owner financing is one of the best ways for wealthy homeowners to help their family members buy homes from them. It involves the seller giving the buyer a mortgage for the home. This may sound like a gift, but it isn’t, especially since the buyer will have to pay for the full value of the mortgage and accompanying interest as applicable.

Can I sell my house to a family member?

Yes, you can sell a house to a family member for $1. Of course, that is more like a gift to such a person. In fact, the IRS will be aware of any discount you offer to a family member or close relative that is lower than the market value as a gift. In essence, you may be required to pay gift taxes on the home value.

How to sell a house to a buyer?

To help you navigate your options, we’ll break down the pros and cons of three routes you can take: 1 Sell to a cash buyer 2 Hire a real estate attorney to facilitate a sale to a known buyer 3 Fly solo via For Sale By Owner (FSBO)

What can a real estate attorney do?

A real estate attorney can craft an air-tight contract. Your attorney will draw up contracts that include deadlines for inspections and appraisals, any conditions, caveats and contingencies, and the details of the sale price and closing dates.

What is a hot seller's market?

In a hot seller’s market, buyers often compete to purchase a home in what’s known in real estate as a bidding war. When this occurs, a seller can win a sale price well above the initial listing price. If you’re selling your home to a cash buyer, on the other hand, you miss out on the opportunity to spark a bidding war .

How many people sold their homes in 2020?

According to the National Association of Realtors, in 2020, only 8% of sellers sold their home For Sale By Owner, and less than 2% of sellers sold their home to a home buying company or iBuyer. Still, if you’re gung-ho about selling your home without a Realtor® — you’ve got options. We consulted two real estate attorneys ...

How much does a real estate attorney charge per hour?

Average hourly fees for real estate attorneys range between $150 and $350 per hour. For example, if you’re selling a $250,000 home, $15,000 (or 6%) will go to the agent.

Why put away cleaning supplies?

Put away the cleaning supplies because nobody is coming for a showing at a moment’s notice. Imagine how much time you’ll save on your already busy weeknights and weekends without wrangling your kids and pets to disappear for an hour!

What is a cash buyer?

Cash buyers — including iBuyers and house buying companies — are individuals or entities that purchase your home outright, without the need for lender financing. Cash buyers offer sellers convenience and certainty, often at the cost of a higher transaction fee.

Why is it important to protect your interests when buying a home from a family member?

If you’re in fact the one buying a home from a family member, it’s vital to protect your own interests, especially if there is a lot of pressure from the seller to move the process along without any professional input.

Who pays gift tax?

Who Pays the Gift Tax? The buyer would not have to pay tax on the gift; the donor is generally responsible for paying the gift tax. The main tax risk is if you give the entire home to the family member—then your tax basis for the home is inherited by the recipient.

Can you come to a price agreement based on an appraisal?

You could come to a price agreement based on the agent’s estimate and/or the appraisal, or wait until after the inspection. Regardless, you’ll want to have a purchase contract that includes relevant contingencies, such as voiding the contract if the buyer can’t secure a mortgage by a specific date.

Is it easy to buy a home with family members?

Home transaction s involving family members can be an affordable and easy process, but it’s best to prepare for complications. That’s why you’ll want to hire the right professionals to help you meet all local, state and federal regulations and ensure both sides are getting a fair deal.

Do you have to pay taxes on a gift?

Even if you provide a gift in the home sale, you likely won’t have to pay taxes—there is no need for a gift tax payment unless you have given away more than $11.58 million to this person in their lifetime, as of 2020.

When selling a house without a realtor, should you counter offer?

It’s acceptable to counter offer when selling a house without a realtor. You do not have to take an offer you think is too low or unfair.

What does a real estate agent do when selling a house?

In a typical home sale, a real estate agent would: Help you determine a realistic price based on current market trends. If you’re highly organized and determined, you can handle these tasks on your own, but you need the right preparation and knowledge.

How to sell your house to potential buyers?

The first step in selling your home is to make it more presentable to potential buyers. Clear up any clutter, and send any extra furniture you can to storage. Buyers want to see the size and depth of rooms – and that’s a challenge if you have boxes stacked in corners, or you have old furniture lying around.

What do real estate agents do?

What Does a Real Estate Agent Do? 1 Listing your home with the Multiple Listing Service, (MLS). 2 Hosting open house events for interested buyers. 3 They negotiate with the buyer on your behalf, with your best interests at heart. 4 Closes the deal and handles the paperwork process for you.

What to do when your house is dirty?

On the interior of your home, makes sure the walls are clean, and give them and rinse with some sugar soap if they’re dirty in some areas. Don’t make any repairs unless you intend on doing a serious overhaul to the kitchen or bathrooms. Typically, realtors state that bathrooms and kitchens are what sell houses.

When do agents arrange a single show day?

When agents receive inquiries from prospective buyers, they typically arrange a single show day on a Saturday or Sunday. This strategy allows them to deal with multiple buyers on the same day, saving them time and money on traveling to your home during the week.

What is competitive pricing strategy?

A competitive pricing strategy is a useful tool for selling your home faster in current market conditions. However, if you’re not in any rush to sell your home soon, then you can skip this segment.

What to do after accepting an offer?

After accepting an offer, make sure you get a verbal agreement, as well as an email stating the buyers intent. It’s important to note that noting is final until all parties sign the legal contracts, and you would be surprised at how many deals fall apart in this final stage.

What does a surveyor do after buying a house?

After committing to the purchase, the prospective buyer typically hires a surveyor to go over the house from top to bottom, and look for any abnormalities. For instance, they may discover mold in the retaining walls or find issues with the electrics in your home.

When the home sale price between family members is lower than the property’s FMV, both the buyer and the seller

When the home sale price between family members is lower than the property’s FMV, both the buyer and the seller need to be careful to comply with federal tax laws.

Why do sellers treat a sale casually?

When the buyer is a relative, one mistake sellers make is treating the sale casually because “it’s family.” Letting the process become too informal just sets you up to make financial decisions based on emotion rather than logic.

Can you sell your house to a relative?

However, if you settle on a fair price, follow all the appropriate steps, obey all the tax laws, and hire the professional assistance you need, you can successfully sell your home to a family member without paying more taxes than required by law.

Can you sell your house for less than it's worth?

Selling your house for less than it’s worth isn’t unheard of in the real estate world. If there’s plenty of homes for sale and only a handful of buyers house-hunting, it’s not uncommon for homeowners to sell at a reduced price or make a number of high-value concessions just to get the home sold.

How to sell your house before you sell it?

Start to prepare your house for sale well before you list it. Begin with a thorough decluttering campaign. The goal is to make it easier for potential buyers to envision themselves in your home, rather than seeing signs of your personality everywhere. Remove anything that contributes to the home’s lived-in feel, such as family photographs. Hide these personal items away in locked closets, storage areas, the garage, or an off-site storage unit. Take the opportunity to sell or give away possessions you no longer need; use eBay, Amazon, Craigslist or an old-fashioned garage sale to offload them quickly.

What laws govern real estate transactions?

A patchwork of state and federal laws govern real estate transactions in the United States. No matter where your home is located, you’ll be bound by federal statutes such as the Fair Housing Act, which prohibits sellers from discriminating against members of certain protected classes.

How much does it cost to stage a house?

Hiring a professional decorator to stage your home costs about $1,500 on average but may be more expensive for higher-end homes, per HomeAdvisor.

How much does a lockbox cost?

Buy a lockbox, which you can find for less than $15 at Amazon.com, to keep spare keys secure or install a numeric keypad lock on your front door; you can get a basic multi-code lock from Amazon.com for $50 or less.

Is selling a house rocket science?

With all due respect to real estate professionals, selling a house is not rocket science. But it does take work, from setting a realistic price and preparing the home for sale to setting up showings, fielding and negotiating offers, and making sure everything is in order for a smooth close.